82_FR_1754 82 FR 1750 - Proposed Bakersfield Habitat Conservation Plan/Natural Community Conservation Plan, California; Scoping for Environmental Impact Statement

82 FR 1750 - Proposed Bakersfield Habitat Conservation Plan/Natural Community Conservation Plan, California; Scoping for Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range1750-1753
FR Document2017-00002

Under the National Environmental Policy Act, we, the U.S. Fish and Wildlife Service, intend to prepare a draft environmental impact statement (EIS) for the proposed habitat conservation plan/natural community conservation plan for the City of Bakersfield, hereafter referred to as the Bakersfield Habitat Conservation Plan (BHCP). The BHCP will streamline and coordinate existing processes for review and permitting of public and private activities that potentially affect covered species, while providing long-term conservation of covered species in the plan area. The draft EIS is being prepared under the Endangered Species Act of 1973, as amended, and the California Natural Community Conservation Planning Act. We announce meetings and invite comments.

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017)
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1750-1753]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00002]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2016-N166; FF08ESMF00-FXES11120800000-156]


Proposed Bakersfield Habitat Conservation Plan/Natural Community 
Conservation Plan, California; Scoping for Environmental Impact 
Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; notice of public scoping meeting; request for 
comments.

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

SUMMARY: Under the National Environmental Policy Act, we, the U.S. Fish 
and Wildlife Service, intend to prepare a draft environmental impact 
statement (EIS) for the proposed habitat conservation plan/natural 
community conservation plan for the City of Bakersfield, hereafter 
referred to as the Bakersfield Habitat Conservation Plan (BHCP). The 
BHCP will streamline and coordinate existing processes for review and 
permitting of public and private activities that potentially affect 
covered species, while providing long-term conservation of covered 
species in the plan area. The draft EIS is being prepared under the 
Endangered Species Act of 1973, as amended, and the California Natural 
Community Conservation Planning Act. We announce meetings and invite 
comments.

DATES: 
    Submitting Comments: To ensure consideration, please send your 
written comments by February 21, 2017.
    Public Meeting: A public scoping meeting will be held on Tuesday, 
January 24, 2017: From 5 p.m. to 7 p.m. The meeting will take place in 
the 3rd floor conference room, City of Bakersfield Community 
Development Department, 1715 Chester Avenue, Bakersfield, CA 93301.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods, and note that your information 
request or comment is in reference to the Bakersfield Habitat 
Conservation Plan:
     U.S. Mail: U.S. Fish and Wildlife Service, Sacramento Fish 
and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, CA 
95825.
     In-Person Drop-Off, Viewing, or Pickup: Call (916) 414-
6600 to make an appointment during regular business hours to drop off 
comments or view received comments at the above location.
     Fax: U.S. Fish and Wildlife Service, (916) 414-6713, 
Attn.: Thomas Leeman.

FOR FURTHER INFORMATION CONTACT: Justin Sloan, Senior Biologist, or 
Thomas Leeman, Chief, San Joaquin Valley Division, Sacramento Fish and 
Wildlife Office, by phone at (916) 414-6600 or by U.S. mail at the 
above address. If you use a telecommunications device for the deaf, 
please call the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

Introduction

    We, the U.S. Fish and Wildlife Service (Service), intend to prepare 
a draft environmental impact statement (EIS) to evaluate the impacts of 
several alternatives related to the potential issuance of an incidental 
take permit (ITP), as well as impacts of the implementation of the 
supporting proposed habitat conservation plan/natural community 
conservation plan, which we will refer to as the Bakersfield Habitat 
Conservation Plan (BHCP). The EIS will be a joint EIS/environmental 
impact report (EIS/EIR), for which the Service, City of Bakersfield, 
and the California Department of Fish and Wildlife (CDFW) intend to 
gather information necessary for preparation.
    The BHCP is designed to be a comprehensive regional plan that will 
provide long-term conservation and management of natural communities, 
sensitive species, and the habitats upon which those species depend, 
while accommodating other important uses of the land. It is intended to 
serve as a habitat conservation plan pursuant to the Endangered Species 
Act of 1973, as amended (16 U.S.C. 1531 et seq.; Act), and as a natural 
community conservation plan under the California Natural Community 
Conservation Planning Act.
    The BHCP will address State and Federal endangered species 
compliance requirements for the City of Bakersfield, Kern County, 
California State University-Bakersfield, Bakersfield College, and 
individual school districts within the BHCP plan area. The plan area 
generally includes the San Joaquin

[[Page 1751]]

Valley floor portion of Kern County. The permit applicants are 
currently preparing a complete draft of the BHCP as an HCP/NCCP, and 
the permitting agencies (Service and CDFW) are assisting and will be 
proceeding with agency review and finalization in the coming months. 
The permit applicants intend to apply for a 30-year incidental take 
permit (ITP) from the Service. The permittees are seeking authorized 
incidental take of threatened and endangered species that could result 
from activities covered under the BHCP. We announce meetings and invite 
comments.
    The Service will serve as the administrative lead for all actions 
related to this Federal Register notice for the EIS component of the 
EIS/EIR. The City of Bakersfield will serve as the State lead agency 
under the California Environmental Quality Act (CEQA) for the EIR 
component. The City of Bakersfield, in accordance with CEQA, is 
publishing a similar notice.

Project Summary

    The plan is being prepared under the combined efforts of the City 
of Bakersfield and the U.S. Fish and Wildlife Service, in coordination 
with Kern County and the CDFW. The BHCP will streamline and coordinate 
existing processes for review and permitting of public and private 
activities that potentially affect covered species (see Covered 
Species), while providing long-term conservation of covered species in 
the plan area.
    To meet this goal, the BHCP sets out a conservation strategy that 
includes measures to ensure that impacts to covered species and 
habitats related to covered activities (see Covered Activities) are 
avoided, minimized, and/or mitigated, as appropriate. These covered 
activities encompass the range of existing and future activities that 
the City, County, private developers, or other permittees will 
implement within the permit area. These activities include urban and 
rural development and a variety of road, water, and other needed public 
infrastructure, construction, and maintenance activities. The BHCP is 
further intended to facilitate the role and responsibility of local 
government in overseeing local land use planning and decision-making 
while protecting endangered species in the area.

Background

    Section 9 of the Act (16 U.S.C. 1531 et seq.) prohibits the 
``take'' of wildlife species listed as endangered or threatened. The 
Act defines the term ``take'' as to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect listed species, or to attempt to 
engage in such conduct (16 U.S.C. 1532). Harm includes significant 
habitat modifications or degradation that actually kill or injure 
listed wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, and sheltering (50 CFR 17.3(c)). 
Pursuant to section 10(a)(1)(B) of the Act, we may issue permits to 
authorize ``incidental take'' of listed species. ``Incidental take'' is 
defined by the Act as take that is incidental to, and not the purpose 
of, carrying out an otherwise lawful activity. Service regulations 
governing permits for threatened species and endangered species, 
respectively, are promulgated in 50 CFR 17.22 and 17.32.
    Section 10(a)(1)(B) of the Act contains provisions for issuing such 
ITPs to non-Federal entities for the take of endangered and threatened 
species, provided the following criteria are met:
     The take will be incidental;
     The applicants will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
     The applicants will develop a proposed HCP and ensure that 
adequate funding for the plan will be provided;
     The taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and
     The applicants will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.
    Thus, the purpose of issuing an ITP is to allow the applicants, 
under their respective regional authority, to authorize development 
while conserving the covered species and their habitat. Implementation 
of a multispecies HCP, rather than a species-by-species or project-by-
project approach, will maximize the benefits of conservation measures 
for covered species and eliminate expensive and time-consuming efforts 
associated with processing individual ITPs for each project within the 
applicants' proposed plan area. The Service expects that the permit 
applicants will request ITP coverage for a period of 30 years.

Plan Area

    The plan area proposed is 2,259,627 acres, or 3,530 square miles. 
This plan area was developed to ensure that the natural resources that 
might be affected by covered activities can be adequately assessed at a 
regional scale and that sufficient mitigation opportunities are 
available.
    The northern boundary of the study area is defined by the Kern 
County border with Tulare and Kings Counties. The boundary encompasses 
land acquisition opportunities near existing protected areas on the 
southern San Joaquin Valley floor (e.g., Buttonwillow Ecological 
Reserve, Semitropic Ridge Natural Area, Kern National Wildlife Refuge 
(NWR), Allensworth Ecological Reserve, and Pixley NWR). The western 
boundary of the study area runs along the shared border of Kern County 
and San Luis Obispo County. The southwestern boundary of the study area 
extends to the boundary with San Luis Obispo, Santa Barbara and Ventura 
Counties. The southern and southeastern boundary then follows the 
northern boundary of the Tehachapi Uplands Multi-Species HCP, which 
covers most of Tejon Ranch. The eastern boundary follows the ecological 
boundary between annual grassland of the San Joaquin Valley and oak 
woodlands.

Covered Activities

    Covered activities include projects or ongoing activities that will 
receive incidental take authorization by the ESA and NCCP permits. 
Covered activities in the BHCP fall into eight general categories:
    1. Urban development;
    2. Transportation and circulation infrastructure;
    3. Flood control;
    4. Sewer and water treatment facilities;
    5. Landfills;
    6. Airports;
    7. Conservation strategy implementation; and
    8. Operations and maintenance activities in urban areas

Covered Species

    Covered species are those species addressed in the proposed BHCP 
for which conservation actions will be implemented and for which the 
permit applicants will seek incidental take authorizations for a period 
of up to 30 years. Proposed covered species are expected to include 
threatened and endangered species listed under the Act, species listed 
under the CESA, and currently unlisted species that have the potential 
to become listed during the life of the BHCP and have some likelihood 
to occur within the BHCP plan area. The plan proposes coverage for 14 
listed and non-listed species, which include 8 animal species and 6 
plant species. These covered species are expected to be named on the 
ESA (Section 10) and NCCP Act (Section 2035) permits. The BHCP will 
provide long-term conservation and management of these species. The 14 
covered species were identified on the

[[Page 1752]]

basis of an initial assessment of the effect of covered activities and 
conservation measures on 183 species that are listed or that could 
become listed during the permit term in the study area. The list of 
proposed covered species may change as the planning process progresses; 
species may be added or removed as more is learned about the nature of 
covered activities and their impact within the plan area.
    The following federally listed endangered wildlife species are 
proposed to be covered by the BHCP: Blunt-nosed leopard lizard 
(Gambelia silus), least Bell's vireo (Vireo bellii pusillus), Buena 
Vista Lake shrew (Sorex ornatus relictus), Tipton kangaroo rat 
(Dipodomys nitratoides nitratoides), and San Joaquin kit fox (Vulpes 
macrotis mutica).
    The following unlisted wildlife species are proposed to be covered 
by the BHCP: Swainson's hawk (Buteo swainsoni), western burrowing owl 
(Athene cunicularia hypugaea), and San Joaquin antelope squirrel 
(Ammospermophilus nelsoni).
    Take as defined under the Act does not apply to listed plant 
species, and therefore cannot be authorized under a section 10 permit. 
However, the permit applicants propose to include plant species on the 
permit in recognition of the conservation benefits provided for them 
under an HCP. For the purposes of the plan, certain plant species are 
further included to meet regulatory obligations under section 7 of the 
Act and CESA. All species included on an ITP would receive assurances 
under the Service's ``No Surprises'' regulations found in 50 CFR 
17.22(b)(5) and 17.32(b)(5). The federally listed endangered San 
Joaquin woollythreads (Monolopia congdonii) and Bakersfield cactus 
(Opuntia treleasei) are proposed for inclusion in the BHCP in 
recognition of the conservation benefits provided for them under the 
BHCP. The following unlisted plant species are proposed for inclusion 
in the BHCP in recognition of the conservation benefits provided for 
them under the BHCP and the assurances permit holders would receive if 
they are included on a permit: Alkali mariposa-lily (Calochortus 
striatus), rose-flowered larkspur (Delphinium purpusii), recurved 
larkspur (Delphinium recurvatum), and Shevock's golden-aster 
(Heterotheca shevockii).

Environmental Impact Statement

    Before deciding whether to issue the requested Federal ITP, the 
Service will prepare a draft EIS in order to analyze the environmental 
impacts associated with issuance of the ITP. In the EIS component of 
the EIS/EIR, the Service will consider the following alternatives: (1) 
The proposed action, which includes the issuance of take authorizations 
consistent with the proposed BHCP under section 10(a)(1)(B) of the Act; 
(2) no action (no permit issuance); and (3) a reasonable range of 
additional alternatives. The EIS/EIR will include a detailed analysis 
of the impacts of the proposed action and alternatives. The range of 
alternatives could include variations in impacts, conservation, permit 
duration, Covered Species, Covered Activities, Permit Area, or a 
combination of these elements.
    The EIS/EIR will identify and analyze potentially significant 
direct, indirect, and cumulative impacts of our authorization of 
incidental take (permit issuance) and the implementation of the 
proposed BHCP on biological resources, land uses, utilities, air 
quality, water resources, cultural resources, socioeconomics and 
environmental justice, recreation, aesthetics, climate change and 
greenhouse gases, and other environmental issues that could occur with 
implementation of each alternative. The Service will also identify 
measures to avoid or minimize any significant effects of the proposed 
action on the quality of the human environment.
    Following completion of the environmental review, the Service will 
publish a notice of availability and a request for comment on the draft 
EIS/EIR and the applicants' permit application, which will include the 
proposed the BHCP.

Request for 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 will consider these comments in developing a draft EIS/EIR 
and in the development of an HCP and ITP. We particularly seek comments 
on the following:
    1. Biological information concerning species in the proposed plan 
area;
    2. Relevant data concerning these species;
    3. Additional information concerning the range, distribution, 
population size, and population trends of the species;
    4. Current or planned activities in the subject area and their 
possible impacts on the species;
    5. The presence of archaeological sites, buildings and structures, 
historic events, sacred and traditional areas, and other historic 
preservation concerns, which are required to be considered in project 
planning by the National Historic Preservation Act; and
    6. Identification of any other environmental issues that should be 
considered with regard to the proposed development and permit action.
    You may submit your comments and materials by one of the methods 
listed in the ADDRESSES section.

Public Availability of Comments

    Comments and materials we receive become part of the public record 
associated with this action; they will be available for public 
inspection by appointment during normal business hours (Monday through 
Friday, 8 a.m. to 4:30 p.m.) at the Service's Sacramento address (see 
ADDRESSES). 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 
request in your comment that we withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so. All submissions from organizations or businesses, and 
from individuals identifying themselves as representatives or officials 
of organizations or businesses, will be made available for public 
disclosure in their entirety.

Scoping Meetings

    See DATES for the date and time of the scheduled public meeting. 
The purpose of the scoping meeting is to provide the public with a 
general understanding of the background of the proposed HCP and 
activities it would cover, alternative proposals under consideration 
for the draft EIS, and the Service's role and steps to be taken to 
develop the draft EIS for the proposed HCP/NCCP.
    The primary purpose of these meetings and public comment period is 
to solicit suggestions and information on the scope of issues and 
alternatives for the Service to consider when drafting the EIS. Written 
comments will be accepted at the meeting. Comments can also be 
submitted by methods listed in the ADDRESSES section. Once the draft 
EIS and proposed HCP/NCCP are complete and made available for review, 
there will be additional opportunity for public comment on the content 
of these documents through additional public comment periods.

Meeting Location Accommodations

    Persons needing reasonable accommodations in order to attend and 
participate in the public meetings

[[Page 1753]]

should contact Thomas Leeman at (916) 414-6600 as soon as possible. In 
order to allow sufficient time to process requests, please call at 
least one week before the public meeting. Information regarding this 
proposed action is available in alternative formats upon request.

Authority

    We publish this notice under the National Environmental Policy Act 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1501.7, 1506.6, and 1508.22), as well as in compliance with section 
10(c) of the Act (16 U.S.C. 1531 et seq.).

    Dated: December 29, 2016.
Alexandra Pitts,
Deputy Regional Director, U.S. Fish and Wildlife Service, Pacific 
Southwest Region, Sacramento, California.
[FR Doc. 2017-00002 Filed 1-5-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                1750                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

                                                and make award decisions, monitor                       the homeless. Today’s Notice is for the                reference to the Bakersfield Habitat
                                                ongoing performance and manage the                      purpose of announcing that no                          Conservation Plan:
                                                flow of Federal funds, and to                           additional properties have been                           • U.S. Mail: U.S. Fish and Wildlife
                                                appropriately close out grants or                       determined suitable or unsuitable this                 Service, Sacramento Fish and Wildlife
                                                cooperative agreements. GRT supports                    week.                                                  Office, 2800 Cottage Way, Room W–
                                                the information collection needs of each                  Dated: December 28, 2016.                            2605, Sacramento, CA 95825.
                                                grant program processed in the system.                  Brian P. Fitzmaurice,
                                                                                                                                                                  • In-Person Drop-Off, Viewing, or
                                                   Affected Public: State, Local, or Tribal                                                                    Pickup: Call (916) 414–6600 to make an
                                                                                                        Director, Division of Community Assistance,
                                                Government.                                                                                                    appointment during regular business
                                                                                                        Office of Special Needs Assistance Programs.
                                                   Estimated Number of Respondents:                                                                            hours to drop off comments or view
                                                                                                        [FR Doc. 2016–31790 Filed 1–5–17; 8:45 am]
                                                56.                                                                                                            received comments at the above
                                                   Estimated Total Annual Burden                        BILLING CODE 4210–67–P
                                                                                                                                                               location.
                                                Hours: 2,156 hours.                                                                                               • Fax: U.S. Fish and Wildlife Service,
                                                   Estimated Cost: The estimated annual                                                                        (916) 414–6713, Attn.: Thomas Leeman.
                                                cost to respondents for the hour burden                 DEPARTMENT OF THE INTERIOR                             FOR FURTHER INFORMATION CONTACT:
                                                is $77,659.12. There are no annual costs                                                                       Justin Sloan, Senior Biologist, or
                                                to respondents’ operations and                          Fish and Wildlife Service
                                                                                                                                                               Thomas Leeman, Chief, San Joaquin
                                                maintenance costs for technical                         [FWS–R8–ES–2016–N166; FF08ESMF00–                      Valley Division, Sacramento Fish and
                                                services. There are no annual start-up or               FXES11120800000–156]                                   Wildlife Office, by phone at (916) 414–
                                                capital costs. The cost to the Federal                                                                         6600 or by U.S. mail at the above
                                                Government is $1,166,604.30.                            Proposed Bakersfield Habitat
                                                                                                                                                               address. If you use a
                                                  Dated: December 27, 2016.
                                                                                                        Conservation Plan/Natural Community
                                                                                                                                                               telecommunications device for the deaf,
                                                                                                        Conservation Plan, California; Scoping
                                                Richard W. Mattison,                                                                                           please call the Federal Information
                                                                                                        for Environmental Impact Statement
                                                Records Management Program Chief, Mission                                                                      Relay Service at (800) 877–8339.
                                                Support, Federal Emergency Management                   AGENCY:   Fish and Wildlife Service,                   SUPPLEMENTARY INFORMATION:
                                                Agency, Department of Homeland Security.                Interior.
                                                [FR Doc. 2017–00006 Filed 1–5–17; 8:45 am]              ACTION: Notice of intent; notice of public
                                                                                                                                                               Introduction
                                                BILLING CODE 9111–46–P                                  scoping meeting; request for comments.                    We, the U.S. Fish and Wildlife
                                                                                                                                                               Service (Service), intend to prepare a
                                                                                                        SUMMARY:    Under the National                         draft environmental impact statement
                                                DEPARTMENT OF HOUSING AND                               Environmental Policy Act, we, the U.S.                 (EIS) to evaluate the impacts of several
                                                URBAN DEVELOPMENT                                       Fish and Wildlife Service, intend to                   alternatives related to the potential
                                                                                                        prepare a draft environmental impact                   issuance of an incidental take permit
                                                [Docket No. FR–5995–N–1]                                statement (EIS) for the proposed habitat               (ITP), as well as impacts of the
                                                                                                        conservation plan/natural community                    implementation of the supporting
                                                Federal Property Suitable as Facilities                 conservation plan for the City of
                                                To Assist the Homeless                                                                                         proposed habitat conservation plan/
                                                                                                        Bakersfield, hereafter referred to as the              natural community conservation plan,
                                                AGENCY:  Office of the Assistant                        Bakersfield Habitat Conservation Plan                  which we will refer to as the Bakersfield
                                                Secretary for Community Planning and                    (BHCP). The BHCP will streamline and                   Habitat Conservation Plan (BHCP). The
                                                Development, HUD.                                       coordinate existing processes for review               EIS will be a joint EIS/environmental
                                                ACTION: Notice.                                         and permitting of public and private                   impact report (EIS/EIR), for which the
                                                                                                        activities that potentially affect covered             Service, City of Bakersfield, and the
                                                SUMMARY:    This Notice identifies                      species, while providing long-term                     California Department of Fish and
                                                unutilized, underutilized, excess, and                  conservation of covered species in the                 Wildlife (CDFW) intend to gather
                                                surplus Federal property reviewed by                    plan area. The draft EIS is being                      information necessary for preparation.
                                                HUD for suitability for possible use to                 prepared under the Endangered Species                     The BHCP is designed to be a
                                                assist the homeless.                                    Act of 1973, as amended, and the                       comprehensive regional plan that will
                                                FOR FURTHER INFORMATION CONTACT:                        California Natural Community                           provide long-term conservation and
                                                Juanita Perry, Department of Housing                    Conservation Planning Act. We                          management of natural communities,
                                                and Urban Development, 451 Seventh                      announce meetings and invite                           sensitive species, and the habitats upon
                                                Street SW., Room 7266, Washington, DC                   comments.                                              which those species depend, while
                                                20410; telephone (202) 402–3970; TTY                    DATES:                                                 accommodating other important uses of
                                                number for the hearing- and speech-                        Submitting Comments: To ensure                      the land. It is intended to serve as a
                                                impaired (202) 708–2565 (these                          consideration, please send your written                habitat conservation plan pursuant to
                                                telephone numbers are not toll-free),                   comments by February 21, 2017.                         the Endangered Species Act of 1973, as
                                                call the toll-free Title V information line                Public Meeting: A public scoping                    amended (16 U.S.C. 1531 et seq.; Act),
                                                at 800–927–7588 or send an email to                     meeting will be held on Tuesday,                       and as a natural community
                                                title5@hud.gov.                                         January 24, 2017: From 5 p.m. to 7 p.m.                conservation plan under the California
                                                SUPPLEMENTARY INFORMATION: In                           The meeting will take place in the 3rd                 Natural Community Conservation
                                                accordance with the December 12, 1988                   floor conference room, City of                         Planning Act.
                                                court order in National Coalition for the               Bakersfield Community Development                         The BHCP will address State and
sradovich on DSK3GMQ082PROD with NOTICES




                                                Homeless v. Veterans Administration,                    Department, 1715 Chester Avenue,                       Federal endangered species compliance
                                                No. 88–2503–OG (D.D.C.), HUD                            Bakersfield, CA 93301.                                 requirements for the City of Bakersfield,
                                                publishes a Notice, on a weekly basis,                  ADDRESSES: To request further                          Kern County, California State
                                                identifying unutilized, underutilized,                  information or submit written                          University–Bakersfield, Bakersfield
                                                excess and surplus Federal buildings                    comments, please use one of the                        College, and individual school districts
                                                and real property that HUD has                          following methods, and note that your                  within the BHCP plan area. The plan
                                                reviewed for suitability for use to assist              information request or comment is in                   area generally includes the San Joaquin


                                           VerDate Sep<11>2014   18:06 Jan 05, 2017   Jkt 241001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\06JAN1.SGM   06JAN1


                                                                                 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices                                           1751

                                                Valley floor portion of Kern County. The                collect listed species, or to attempt to               The boundary encompasses land
                                                permit applicants are currently                         engage in such conduct (16 U.S.C.                      acquisition opportunities near existing
                                                preparing a complete draft of the BHCP                  1532). Harm includes significant habitat               protected areas on the southern San
                                                as an HCP/NCCP, and the permitting                      modifications or degradation that                      Joaquin Valley floor (e.g., Buttonwillow
                                                agencies (Service and CDFW) are                         actually kill or injure listed wildlife by             Ecological Reserve, Semitropic Ridge
                                                assisting and will be proceeding with                   significantly impairing essential                      Natural Area, Kern National Wildlife
                                                agency review and finalization in the                   behavioral patterns, including breeding,               Refuge (NWR), Allensworth Ecological
                                                coming months. The permit applicants                    feeding, and sheltering (50 CFR 17.3(c)).              Reserve, and Pixley NWR). The western
                                                intend to apply for a 30-year incidental                Pursuant to section 10(a)(1)(B) of the                 boundary of the study area runs along
                                                take permit (ITP) from the Service. The                 Act, we may issue permits to authorize                 the shared border of Kern County and
                                                permittees are seeking authorized                       ‘‘incidental take’’ of listed species.                 San Luis Obispo County. The
                                                incidental take of threatened and                       ‘‘Incidental take’’ is defined by the Act              southwestern boundary of the study
                                                endangered species that could result                    as take that is incidental to, and not the             area extends to the boundary with San
                                                from activities covered under the BHCP.                 purpose of, carrying out an otherwise                  Luis Obispo, Santa Barbara and Ventura
                                                We announce meetings and invite                         lawful activity. Service regulations                   Counties. The southern and
                                                comments.                                               governing permits for threatened species               southeastern boundary then follows the
                                                   The Service will serve as the                        and endangered species, respectively,                  northern boundary of the Tehachapi
                                                administrative lead for all actions                     are promulgated in 50 CFR 17.22 and                    Uplands Multi-Species HCP, which
                                                related to this Federal Register notice                 17.32.                                                 covers most of Tejon Ranch. The eastern
                                                for the EIS component of the EIS/EIR.                      Section 10(a)(1)(B) of the Act contains             boundary follows the ecological
                                                The City of Bakersfield will serve as the               provisions for issuing such ITPs to non-               boundary between annual grassland of
                                                State lead agency under the California                  Federal entities for the take of                       the San Joaquin Valley and oak
                                                Environmental Quality Act (CEQA) for                    endangered and threatened species,                     woodlands.
                                                the EIR component. The City of                          provided the following criteria are met:
                                                Bakersfield, in accordance with CEQA,                      • The take will be incidental;                      Covered Activities
                                                is publishing a similar notice.                            • The applicants will, to the                         Covered activities include projects or
                                                Project Summary                                         maximum extent practicable, minimize                   ongoing activities that will receive
                                                                                                        and mitigate the impact of such taking;                incidental take authorization by the ESA
                                                  The plan is being prepared under the                     • The applicants will develop a                     and NCCP permits. Covered activities in
                                                combined efforts of the City of                         proposed HCP and ensure that adequate                  the BHCP fall into eight general
                                                Bakersfield and the U.S. Fish and                       funding for the plan will be provided;                 categories:
                                                Wildlife Service, in coordination with                     • The taking will not appreciably                     1. Urban development;
                                                Kern County and the CDFW. The BHCP                      reduce the likelihood of the survival                    2. Transportation and circulation
                                                will streamline and coordinate existing                 and recovery of the species in the wild;               infrastructure;
                                                processes for review and permitting of                  and                                                      3. Flood control;
                                                public and private activities that                         • The applicants will carry out any                   4. Sewer and water treatment
                                                potentially affect covered species (see                 other measures that the Service may                    facilities;
                                                Covered Species), while providing long-                 require as being necessary or                            5. Landfills;
                                                term conservation of covered species in                 appropriate for the purposes of the HCP.                 6. Airports;
                                                the plan area.                                             Thus, the purpose of issuing an ITP is                7. Conservation strategy
                                                  To meet this goal, the BHCP sets out                  to allow the applicants, under their                   implementation; and
                                                a conservation strategy that includes                   respective regional authority, to                        8. Operations and maintenance
                                                measures to ensure that impacts to                      authorize development while                            activities in urban areas
                                                covered species and habitats related to                 conserving the covered species and their               Covered Species
                                                covered activities (see Covered                         habitat. Implementation of a
                                                Activities) are avoided, minimized, and/                multispecies HCP, rather than a species-                  Covered species are those species
                                                or mitigated, as appropriate. These                     by-species or project-by-project                       addressed in the proposed BHCP for
                                                covered activities encompass the range                  approach, will maximize the benefits of                which conservation actions will be
                                                of existing and future activities that the              conservation measures for covered                      implemented and for which the permit
                                                City, County, private developers, or                    species and eliminate expensive and                    applicants will seek incidental take
                                                other permittees will implement within                  time-consuming efforts associated with                 authorizations for a period of up to 30
                                                the permit area. These activities include               processing individual ITPs for each                    years. Proposed covered species are
                                                urban and rural development and a                       project within the applicants’ proposed                expected to include threatened and
                                                variety of road, water, and other needed                plan area. The Service expects that the                endangered species listed under the Act,
                                                public infrastructure, construction, and                permit applicants will request ITP                     species listed under the CESA, and
                                                maintenance activities. The BHCP is                     coverage for a period of 30 years.                     currently unlisted species that have the
                                                further intended to facilitate the role                                                                        potential to become listed during the
                                                                                                        Plan Area                                              life of the BHCP and have some
                                                and responsibility of local government
                                                in overseeing local land use planning                     The plan area proposed is 2,259,627                  likelihood to occur within the BHCP
                                                and decision-making while protecting                    acres, or 3,530 square miles. This plan                plan area. The plan proposes coverage
                                                endangered species in the area.                         area was developed to ensure that the                  for 14 listed and non-listed species,
                                                                                                                                                               which include 8 animal species and 6
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                                                                                                        natural resources that might be affected
                                                Background                                              by covered activities can be adequately                plant species. These covered species are
                                                   Section 9 of the Act (16 U.S.C. 1531                 assessed at a regional scale and that                  expected to be named on the ESA
                                                et seq.) prohibits the ‘‘take’’ of wildlife             sufficient mitigation opportunities are                (Section 10) and NCCP Act (Section
                                                species listed as endangered or                         available.                                             2035) permits. The BHCP will provide
                                                threatened. The Act defines the term                      The northern boundary of the study                   long-term conservation and
                                                ‘‘take’’ as to harass, harm, pursue, hunt,              area is defined by the Kern County                     management of these species. The 14
                                                shoot, wound, kill, trap, capture, or                   border with Tulare and Kings Counties.                 covered species were identified on the


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                                                1752                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

                                                basis of an initial assessment of the                   component of the EIS/EIR, the Service                  project planning by the National
                                                effect of covered activities and                        will consider the following alternatives:              Historic Preservation Act; and
                                                conservation measures on 183 species                    (1) The proposed action, which includes                  6. Identification of any other
                                                that are listed or that could become                    the issuance of take authorizations                    environmental issues that should be
                                                listed during the permit term in the                    consistent with the proposed BHCP                      considered with regard to the proposed
                                                study area. The list of proposed covered                under section 10(a)(1)(B) of the Act; (2)              development and permit action.
                                                species may change as the planning                      no action (no permit issuance); and (3)                  You may submit your comments and
                                                process progresses; species may be                      a reasonable range of additional                       materials by one of the methods listed
                                                added or removed as more is learned                     alternatives. The EIS/EIR will include a               in the ADDRESSES section.
                                                about the nature of covered activities                  detailed analysis of the impacts of the                Public Availability of Comments
                                                and their impact within the plan area.                  proposed action and alternatives. The
                                                   The following federally listed                       range of alternatives could include                       Comments and materials we receive
                                                endangered wildlife species are                         variations in impacts, conservation,                   become part of the public record
                                                proposed to be covered by the BHCP:                     permit duration, Covered Species,                      associated with this action; they will be
                                                Blunt-nosed leopard lizard (Gambelia                    Covered Activities, Permit Area, or a                  available for public inspection by
                                                silus), least Bell’s vireo (Vireo bellii                combination of these elements.                         appointment during normal business
                                                pusillus), Buena Vista Lake shrew                          The EIS/EIR will identify and analyze               hours (Monday through Friday, 8 a.m. to
                                                (Sorex ornatus relictus), Tipton                        potentially significant direct, indirect,              4:30 p.m.) at the Service’s Sacramento
                                                kangaroo rat (Dipodomys nitratoides                     and cumulative impacts of our                          address (see ADDRESSES). Before
                                                nitratoides), and San Joaquin kit fox                   authorization of incidental take (permit               including your address, phone number,
                                                (Vulpes macrotis mutica).                               issuance) and the implementation of the                email address, or other personal
                                                   The following unlisted wildlife                      proposed BHCP on biological resources,                 identifying information in your
                                                species are proposed to be covered by                   land uses, utilities, air quality, water               comment, you should be aware that
                                                the BHCP: Swainson’s hawk (Buteo                        resources, cultural resources,                         your entire comment—including your
                                                swainsoni), western burrowing owl                       socioeconomics and environmental                       personal identifying information—may
                                                (Athene cunicularia hypugaea), and San                  justice, recreation, aesthetics, climate               be made publicly available at any time.
                                                Joaquin antelope squirrel                               change and greenhouse gases, and other                 While you can request in your comment
                                                (Ammospermophilus nelsoni).                             environmental issues that could occur                  that we withhold your personal
                                                   Take as defined under the Act does                                                                          identifying information from public
                                                                                                        with implementation of each
                                                not apply to listed plant species, and                                                                         review, we cannot guarantee that we
                                                                                                        alternative. The Service will also
                                                therefore cannot be authorized under a                                                                         will be able to do so. All submissions
                                                section 10 permit. However, the permit                  identify measures to avoid or minimize
                                                                                                        any significant effects of the proposed                from organizations or businesses, and
                                                applicants propose to include plant                                                                            from individuals identifying themselves
                                                species on the permit in recognition of                 action on the quality of the human
                                                                                                        environment.                                           as representatives or officials of
                                                the conservation benefits provided for                                                                         organizations or businesses, will be
                                                them under an HCP. For the purposes of                     Following completion of the
                                                                                                        environmental review, the Service will                 made available for public disclosure in
                                                the plan, certain plant species are                                                                            their entirety.
                                                further included to meet regulatory                     publish a notice of availability and a
                                                obligations under section 7 of the Act                  request for comment on the draft EIS/                  Scoping Meetings
                                                and CESA. All species included on an                    EIR and the applicants’ permit                           See DATES for the date and time of the
                                                ITP would receive assurances under the                  application, which will include the                    scheduled public meeting. The purpose
                                                Service’s ‘‘No Surprises’’ regulations                  proposed the BHCP.                                     of the scoping meeting is to provide the
                                                found in 50 CFR 17.22(b)(5) and                         Request for Public Comments                            public with a general understanding of
                                                17.32(b)(5). The federally listed                                                                              the background of the proposed HCP
                                                endangered San Joaquin woollythreads                       We request data, comments, new                      and activities it would cover, alternative
                                                (Monolopia congdonii) and Bakersfield                   information, or suggestions from the                   proposals under consideration for the
                                                cactus (Opuntia treleasei) are proposed                 public, other concerned governmental                   draft EIS, and the Service’s role and
                                                for inclusion in the BHCP in recognition                agencies, the scientific community,                    steps to be taken to develop the draft
                                                of the conservation benefits provided for               Tribes, industry, or any other interested              EIS for the proposed HCP/NCCP.
                                                them under the BHCP. The following                      party on this notice. We will consider                   The primary purpose of these
                                                unlisted plant species are proposed for                 these comments in developing a draft                   meetings and public comment period is
                                                inclusion in the BHCP in recognition of                 EIS/EIR and in the development of an                   to solicit suggestions and information
                                                the conservation benefits provided for                  HCP and ITP. We particularly seek                      on the scope of issues and alternatives
                                                them under the BHCP and the                             comments on the following:                             for the Service to consider when
                                                assurances permit holders would                            1. Biological information concerning                drafting the EIS. Written comments will
                                                receive if they are included on a permit:               species in the proposed plan area;                     be accepted at the meeting. Comments
                                                Alkali mariposa-lily (Calochortus                          2. Relevant data concerning these                   can also be submitted by methods listed
                                                striatus), rose-flowered larkspur                       species;                                               in the ADDRESSES section. Once the draft
                                                (Delphinium purpusii), recurved                            3. Additional information concerning                EIS and proposed HCP/NCCP are
                                                larkspur (Delphinium recurvatum), and                   the range, distribution, population size,              complete and made available for review,
                                                Shevock’s golden-aster (Heterotheca                     and population trends of the species;                  there will be additional opportunity for
                                                                                                           4. Current or planned activities in the
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                                                shevockii).                                                                                                    public comment on the content of these
                                                                                                        subject area and their possible impacts                documents through additional public
                                                Environmental Impact Statement                          on the species;                                        comment periods.
                                                  Before deciding whether to issue the                     5. The presence of archaeological
                                                requested Federal ITP, the Service will                 sites, buildings and structures, historic              Meeting Location Accommodations
                                                prepare a draft EIS in order to analyze                 events, sacred and traditional areas, and                Persons needing reasonable
                                                the environmental impacts associated                    other historic preservation concerns,                  accommodations in order to attend and
                                                with issuance of the ITP. In the EIS                    which are required to be considered in                 participate in the public meetings


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                                                                                 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices                                            1753

                                                should contact Thomas Leeman at (916)                   FOR FURTHER INFORMATION CONTACT:                       Values for Birch Creek are scenic,
                                                414–6600 as soon as possible. In order                  Jeanie Cole; telephone: 907–474–2340;                  recreation, and fisheries; values for
                                                to allow sufficient time to process                     address: 222 University Avenue,                        Beaver Creek are scenic, recreation,
                                                requests, please call at least one week                 Fairbanks, Alaska 99709; email:                        geologic, fisheries, and wildlife; values
                                                before the public meeting. Information                  j05cole@blm.gov. Persons who use a                     for the Fortymile River vary by segment
                                                regarding this proposed action is                       telecommunications device for the deaf                 and include scenic, recreation, geologic,
                                                available in alternative formats upon                   (TDD) may call the Federal Relay                       historic, and wildlife.
                                                request.                                                Service (FRS) at 1–800–877–8339 to                        The Eastern Interior RMP/EIS was
                                                                                                        contact the above individual during                    subject to extensive public review. The
                                                Authority                                                                                                      Environmental Protection Agency (EPA)
                                                                                                        normal business hours. The FRS is
                                                  We publish this notice under the                      available 24 hours a day, 7 days a week,               published a Notice of Availability for
                                                National Environmental Policy Act (42                   to leave a message or question with the                the Eastern Interior Draft RMP/Draft EIS
                                                U.S.C. 4321 et seq.) and its                            above individual. You will receive a                   in the Federal Register on March 2,
                                                implementing regulations (40 CFR                        reply during normal business hours.                    2012 (77 FR 12835), beginning a 150-
                                                1501.7, 1506.6, and 1508.22), as well as                                                                       day public comment period that was
                                                                                                        SUPPLEMENTARY INFORMATION: The
                                                in compliance with section 10(c) of the                                                                        later extended pending publication of a
                                                                                                        Eastern Interior planning process
                                                Act (16 U.S.C. 1531 et seq.).                                                                                  supplemental EIS. The EPA published
                                                                                                        resulted in four RODs and Approved
                                                  Dated: December 29, 2016.                             RMPs covering approximately 6.5                        the Notice of Availability of the
                                                Alexandra Pitts,                                                                                               supplemental EIS, Hardrock Mineral
                                                                                                        million acres of BLM-administered
                                                Deputy Regional Director, U.S. Fish and                                                                        Leasing in the White Mountains
                                                                                                        lands in interior Alaska: 1.8 million
                                                Wildlife Service, Pacific Southwest Region,                                                                    National Recreation Area for the Eastern
                                                                                                        acres under the Fortymile Approved
                                                Sacramento, California.                                                                                        Interior Draft RMP (Supplement), in the
                                                                                                        RMP (including the Fortymile Wild and
                                                [FR Doc. 2017–00002 Filed 1–5–17; 8:45 am]                                                                     Federal Register on January 11, 2013
                                                                                                        Scenic River); 1.3 million acres under
                                                                                                                                                               (78 FR 2397), beginning a 90-day public
                                                BILLING CODE 4333–15–P                                  the Steese Approved RMP (including
                                                                                                                                                               comment period on the Supplement.
                                                                                                        the Steese National Conservation Area
                                                                                                                                                               The comment period for both the
                                                                                                        and Birch Creek Wild and Scenic River);
                                                DEPARTMENT OF THE INTERIOR                                                                                     Eastern Interior Draft RMP/Draft EIS and
                                                                                                        2.4 million acres under the Draanjik
                                                                                                                                                               the Hardrock Mineral Leasing
                                                                                                        Approved RMP; and 1 million acres                      Supplement closed on April 11, 2013.
                                                Bureau of Land Management
                                                                                                        under the White Mountains Approved                     The BLM published a Notice of
                                                [17X.LLAKF02000.L16100000.DR0000.                       RMP (including the White Mountains
                                                LXSS094L0000]                                                                                                  Availability of Additional Information
                                                                                                        National Recreation Area and Beaver                    on Proposed Areas of Critical
                                                                                                        Creek Wild and Scenic River). The                      Environmental Concern (ACECs) (80 FR
                                                Notice of Availability of Records of                    Approved RMPs describe the actions
                                                Decision and Approved Resource                                                                                 52) in the Federal Register on January
                                                                                                        and landscape-level conservation and                   2, 2015, beginning a 60-day comment
                                                Management Plans for the Four
                                                                                                        management needed to meet desired                      period on two proposed ACECs. That
                                                Subunits of the Eastern Interior
                                                                                                        resource conditions and objectives for                 comment period closed on March 3,
                                                Resource Management Plan and Final
                                                                                                        upland and riparian vegetation, fish and               2015.
                                                Environmental Impact Statement
                                                                                                        wildlife habitats, cultural resources,                    The preferred alternative in the Draft
                                                AGENCY:   Bureau of Land Management,                    water and wetland resources,                           RMP/EIS was Alternative C. The
                                                Interior.                                               wilderness characteristics, recreation,                Proposed RMP/Final EIS added
                                                ACTION: Notice.                                         and mineral development. The                           Alternative E as the Proposed RMP. This
                                                                                                        Approved RMPs designate three Areas                    Alternative E was a revised version of
                                                SUMMARY:   The Bureau of Land                           of Critical Environmental Concern                      Alternative C, based on public comment
                                                Management (BLM) announces the                          (ACECs): the Salmon Fork ACEC in the                   and tribal consultation. Alternative E
                                                availability of the Records of Decision                 Draanjik Approved RMP, and the                         represented the mix and variety of
                                                (RODs) for the Approved Resource                        Fortymile ACEC and the Mosquito Flats                  actions that the BLM believed best
                                                Management Plans (RMPs) for the                         ACEC in the Fortymile Approved RMP.                    resolved the issues and management
                                                Fortymile, Draanjik, Steese, and White                  Additionally, four Research Natural                    concerns in consideration of all values
                                                Mountains planning areas located in                     Areas (RNAs) are carried forward as                    and programs. Alternative E was a
                                                Eastern Interior Alaska. The Alaska                     valid existing administrative                          minor variation of the alternatives
                                                State Director signed the RODs on                       designations in the Steese and White                   analyzed in the Draft RMP/EIS and was
                                                December 30, 2016, which constitutes                    Mountains Approved RMPs: Big Windy                     within the spectrum of alternatives
                                                the final decision of the BLM and makes                 Hot Springs (Steese), Mount Prindle                    analyzed in the Draft. The Proposed
                                                the Approved RMPs effective                             (Steese and White Mountains),                          RMP/Final EIS considered five rivers to
                                                immediately.                                            Limestone Jags (White Mountains), and                  be eligible for potential designation as
                                                ADDRESSES: Copies of the RODs/                          Serpentine Slide (White Mountains)                     Wild and Scenic Rivers, but the RODs
                                                Approved RMPs are available upon                        RNAs.                                                  do not determine them to be suitable for
                                                request from the Field Manager, Eastern                    The Eastern Interior Field Office used              designation as Wild and Scenic Rivers,
                                                Interior Field Office, Bureau of Land                   the wild and scenic river inventory                    instead protecting them through other
                                                Management, 222 University Avenue,                      conducted for the Eastern Interior                     means.
                                                Fairbanks, Alaska 99709 or via the                      planning process to identify                              The EPA published a Notice of
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                                                internet at https://www.blm.gov/                        outstandingly remarkable values for                    Availability for the Eastern Interior
                                                programs/planning-and-nepa/plans-in-                    Birch Creek, Beaver Creek, and                         Proposed RMP/Final EIS in the Federal
                                                development/alaska/eastern-interior-                    Fortymile wild and scenic rivers                       Register on July 29, 2016. The BLM
                                                rmp. Copies of the RODs/Approved                        because these values were not identified               provided a 30-day protest period for the
                                                RMPs are available for public inspection                in the designating legislation. Section                Proposed RMP/Final EIS in accordance
                                                at the Fairbanks District Office, 222                   2.1.3 of each Approved RMP identifies                  with 43 CFR part 1610.5–2. The BLM
                                                University Avenue, Fairbanks, Alaska.                   outstandingly Remarkable Values.                       Director received nine protest letters.


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Document Created: 2017-01-06 01:30:38
Document Modified: 2017-01-06 01:30:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent; notice of public scoping meeting; request for comments.
DatesSubmitting Comments: To ensure consideration, please send your written comments by February 21, 2017.
ContactJustin Sloan, Senior Biologist, or Thomas Leeman, Chief, San Joaquin Valley Division, Sacramento Fish and Wildlife Office, by phone at (916) 414-6600 or by U.S. mail at the
FR Citation82 FR 1750 

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