82_FR_32997 82 FR 32861 - Draft Environmental Impact Statement and Draft Barton Springs Edwards Aquifer Conservation District Habitat Conservation Plan

82 FR 32861 - Draft Environmental Impact Statement and Draft Barton Springs Edwards Aquifer Conservation District Habitat Conservation Plan

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 136 (July 18, 2017)

Page Range32861-32863
FR Document2017-15037

We, the U.S. Fish and Wildlife Service (Service), announce the availability of a draft environmental impact statement (dEIS), which evaluates the impacts of, and alternatives to, the proposed Barton Springs Edwards Aquifer Conservation District (BSEACD) Habitat Conservation Plan (dHCP) for federally-listed Barton Springs salamander (BSS) and Austin blind salamander (ABS) (collectively, covered species) incidental take in portions of Travis and Hays Counties, Texas, where pumping withdrawals are implemented, authorized, or permitted by BSEACD. We also announce that we will hold a public meeting on this project.

Federal Register, Volume 82 Issue 136 (Tuesday, July 18, 2017)
[Federal Register Volume 82, Number 136 (Tuesday, July 18, 2017)]
[Notices]
[Pages 32861-32863]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15037]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2016-0141; FXES11140200000-178-FF02ENEH00]


Draft Environmental Impact Statement and Draft Barton Springs 
Edwards Aquifer Conservation District Habitat Conservation Plan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability: notice of receipt of a permit 
application; and announcement of a public meeting.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of a draft environmental impact statement (dEIS), which 
evaluates the impacts of, and alternatives to, the proposed Barton 
Springs Edwards Aquifer Conservation District (BSEACD) Habitat 
Conservation Plan (dHCP) for federally-listed Barton Springs salamander 
(BSS) and Austin blind salamander (ABS) (collectively, covered species) 
incidental take in portions of Travis and Hays Counties, Texas, where 
pumping withdrawals are implemented, authorized, or permitted by 
BSEACD. We also announce that we will hold a public meeting on this 
project.

DATES: Comments: We will accept comments received or postmarked on or 
before September 18, 2017. Comments submitted electronically using the 
Federal eRulemaking Portal (see ADDRESSES section below) must be 
received by 11:59 p.m. Eastern Time on the closing date. Any comments 
that we receive after the closing date may not be considered in the 
final decision on these actions.

ADDRESSES: Obtaining Documents:
     Internet: You may obtain copies of the dEIS and dHCP on 
the Federal eRulemaking Portal at http://www.regulations.gov (Docket 
Number FWS-R2-ES-2016-0141); or
     You may also obtain copies of the dEIS and dHCP on the 
Service's Web site at http://www.fws.gov/southwest/es/AustinTexas/ 
(refer to permit number TE10607C).
     U.S. Mail: A limited number of CD-ROM and printed copies 
of the dEIS and dHCP are available, by request, from the Field 
Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, TX 78758; phone (512) 490-0057; or fax (512) 490-0974. 
Please note that your request is in reference to the HCP for BSS and 
ABS (TE10607C).
     In-Person: Copies of the dEIS and dHCP are also available 
for public

[[Page 32862]]

inspection and review at the following locations, by appointment and 
written request only, 8 a.m. to 4:30 p.m.:
    [cir] U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, 
Austin, TX 78758, 512/490-0057.
    [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW., 
Albuquerque, NM 87102, Room 6034, 505/248-6920.
    [cir] Department of the Interior, Natural Resources Library, 1849 
C. St. NW., Washington, DC 20240.
    Persons wishing to review the application may obtain a copy by 
writing to the Regional Director, U.S. Fish and Wildlife Service, P.O. 
Box 1306, Room 6034, Albuquerque, NM 87103 (Attention: Branch of 
Environmental Review).
    Submitting Comments: You may submit written comments by one of the 
following methods:
     Electronically: Go to the Federal e-Rulemaking Portal: 
http://www.regulations.gov. In the Search box, enter FWS-R2-ES-2016-
0141, which is the docket number for this notice. On the left side of 
the screen, under the Document Type heading, click on the Notices link 
to locate this document and submit a comment.
     By Hard Copy: Submit by U.S. mail or hand-delivery to 
Public Comments Processing, Attn: FWS-R2-ES-2016-0141; U.S. Fish and 
Wildlife Service; MS BPHC-PPM; 5275 Leesburg Pike, Falls Church, VA 
22041-3803.
     For how to view comments on the EIS from the Environmental 
Protection Agency (EPA), or for information on EPA's role in the EIS 
process, see EPA's Role in the EIS Process under SUPPLEMENTARY 
INFORMATION.
     We will also accept written and oral comments at the 
public meeting (see DATES).
    We request that you send comments by only the methods described 
above. We will post all information received on http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Availability of 
Comments section below for more information).

FOR FURTHER INFORMATION CONTACT: Field Supervisor, U.S. Fish and 
Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 or 
(512) 490-0057.

SUPPLEMENTARY INFORMATION: In addition to this notice of the dEIS, EPA 
is publishing a notice announcing the dEIS, as required under section 
309 of the Clean Air Act (42 U.S.C. 7401 et seq.). The publication of 
EPA's notice is the official start of the comment period for an EIS 
(see EPA's Role in the EIS Process below).

Background

    We initially prepared a notice of intent (NOI) to prepare an 
environmental impact statement (EIS), which was published in the 
Federal Register on August 9, 2005 (70 FR 46186). A scoping meeting was 
held in Austin, Texas, on August 23, 2005. Issues identified during the 
initial scoping meeting were incorporated into a combined dHCP and dEIS 
dated August 2007. Subsequent to preparation of this document, the ABS 
became listed as an endangered species and new information became 
available for the BSS. In 2014 we initiated a process to update the 
scope of issues and concerns concerning the proposed action. We 
prepared a second NOI to prepare an environmental assessment (EA), 
which was published in the Federal Register on March 5, 2014 (79 FR 
12522) and a public scoping meeting was held on April 3, 2014. After 
reviewing the scope and possible controversy on the activities covered 
in the dHCP, the Service determined that an EIS was the appropriate 
NEPA analysis. A summary of comments provided during both scoping 
periods can be found in Appendix A of the dEIS.

Proposed Action

    The proposed action involves the issuance of an ITP by the Service 
for the covered activities in the permit area, pursuant to section 
10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. 
The ITP would cover ``take'' of the covered species associated with 
permitted pumping occurring within the permit area.
    The requested term of the ITP is 20 years. To meet the requirements 
of a section 10(a)(1)(B) ITP, the applicant developed and proposes to 
implement their dHCP, which describes the conservation measures the 
applicant has agreed to undertake to minimize and mitigate for the 
impacts of the proposed incidental take of the covered species to the 
maximum extent practicable, and ensure that incidental take will not 
appreciably reduce the likelihood of the survival and recovery of these 
species in the wild.

Alternatives

    Four alternatives to the proposed action we are considering as part 
of this process are:
    No Action Alternative. Under the No Action Alternative BSEACD would 
not seek, and the Service would not issue, an ITP. Under this 
alternative, compliance with the Act would continue to occur only on an 
individual basis through project-specific consultations with the 
Service. BSEACD would notify pumpers of approaching drought and issue 
notices to stop pumping once drought is declared and take of the 
covered species is imminent. Under this Alternative, each pumper would 
be expected to comply with pumping cessation notices issued by BSEACD, 
or would need to seek an individual ITP for the covered species in 
order to continue pumping. Each independent application for an ITP 
would require an analysis of the incidental take and impacts to listed 
species, the identification and implementation of appropriate and 
practicable mitigation measures, and the preparation of appropriate 
documentation to support the permitting action. Mitigation requirements 
would be individually negotiated with the Service on the basis of the 
level of impact to listed species and the conservation value of the 
mitigation options and opportunities available to the individual 
applicant.
    Alternative 2: The preferred alternative. Permitted Pumping Under 
the District HCP. The permitted pumping alternative would involve 
approval of the BSEACD HCP addressing authorized pumping of the Barton 
Springs Segment of the Edwards Aquifer and the issuance of an ITP by 
the Service. Alternative 2 measures could meet state-mandated Desired 
Future Conditions (DFC). These actions would limit Aquifer pumping 
during Drought of Record (DOR)-like conditions to no more than 5.2 
cubic feet per second (cfs), thereby maintaining a minimum average 
Barton Springs monthly springflow of 6.5 cfs. The BSEACD HCP 
incorporates actions to minimize and mitigate unavoidable incidental 
take and, includes demand reduction measures, programs encouraging the 
development and use of new water supplies, greater enforcement 
capabilities, cooperative efforts with other entities, and mechanisms 
to adapt management strategies and respond to emergencies.
    Alternative 3: Water Demand Reduction. Under the water demand 
reduction alternative BSEACD would not seek, and the Service would not 
issue, an ITP. BSEACD's permitting program would control Aquifer 
pumping, both in absolute-use terms and during drought conditions, to 
protect the covered species and avoid incidental take. Alternative 3 
would require mandated pumping reductions during DOR conditions to less 
than 1 cfs to maintain minimum average monthly Barton Springs 
springflow of 11 cfs. These regulatory curtailments, backed with 
effective enforcement to ensure

[[Page 32863]]

compliance, would protect springflow for the covered species. Minimum 
required springflows equivalent to historical conditions would be 
ensured under Alternative 3. However, this alternative would employ the 
most severe regulatory measures to achieve the level of pumping 
reductions needed and would require one or more sources of replacement 
water for some indeterminate fraction of the amount curtailed to meet 
residual demand.
    Alternative 4: Water Supply Augmentation and Substitution. Under 
Alternative 4 BSEACD would propose an HCP and seek a 5 year ITP. 
Alternative 4 would involve the development of other alternative water 
supplies that would augment the amount of water pumped from the 
Aquifer, substitute for Aquifer withdrawals, or involve a combination 
of both to achieve the goal of substantially reducing Aquifer pumping 
to a level below 1 cfs in order to provide for a minimum average 
monthly springflow of 11 cfs during drought of record conditions. As 
additional water supplies become available, the amount of Aquifer 
pumping would be reduced in direct proportion to the amount of water 
augmented or substituted. BSEACD currently does not have the regulatory 
authority to develop alternative water supplies. Use of augmented or 
substituted water supplies would have to be implemented voluntarily as 
is currently being done by some users within the permit area. There are 
also current limitations on the amount of alternative water supplies 
that could economically be made available to groundwater users within 
the region.
    Section 9 of the Act and its implementing regulations prohibit 
``take'' of fish and wildlife species listed as threatened or 
endangered under section 4 of the Act. However, section 10(a) of the 
Act authorizes us to issue permits to take listed wildlife species 
where such take is incidental to, and not the purpose of, otherwise 
lawful activities and where the applicant meets certain statutory 
requirements.

Public Meeting

    The Service will hold a public meeting during the public comment 
period. The date, time, and location of the meeting will be noticed in 
local newspapers at least two weeks before the meeting and will also be 
posted on the following Web site: http://www.fws.gov/southwest/es/AustinTexas/. The public meeting will be physically accessible to 
people with disabilities. Requests for reasonable accommodations (e.g., 
auxiliary aids or sign language interpretation) should be directed to 
Charlotte Kuchera, 512/490-0057, ext. 224, at least 5 working days 
prior to the meeting date.

EPA's Role in the EIS Process

    In addition, EPA is publishing a notice announcing the dEIS, as 
required under section 309 of the Clean Air Act. The publication date 
of EPA's notice of availability is the official start of the public 
comment period for the dEIS. Under the Clean Air Act, EPA also must 
subsequently announce the final EIS via the Federal Register. The EPA 
is charged under section 309 of the Clean Air Act to review all Federal 
agencies' EISs and to comment on the adequacy and the acceptability of 
the environmental impacts of proposed actions in the EISs.
    EPA also serves as the repository (EIS database) for EISs prepared 
by Federal agencies and provides notice of their availability in the 
Federal Register. The EIS database provides information about EISs 
prepared by Federal agencies, as well as EPA's comments concerning the 
EISs. All EISs are filed with EPA, which publishes a notice of 
availability on Fridays in the Federal Register.
    The notice of availability is the start of the 60-day public 
comment period for draft EISs. For more information, see http://www.epa.gov/compliance/nepa/eisdata.html. You may search for EPA 
comments on EISs, along with EISs themselves, at https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. 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. We will not consider anonymous 
comments. All submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, will be made available for public 
disclosure in their entirety.

Authority

    We provide this notice under section 10(c) of the Act and its 
implementing regulations (50 CFR 17.22 and 17.32) and NEPA and its 
implementing regulations (40 CFR 1506.6).

Joy E. Nicholopoulos,
Acting Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2017-15037 Filed 7-17-17; 8:45 am]
BILLING CODE 4333-15-P



                                                                                Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices                                            32861

                                                SUMMARY:   The Transportation Security                   Operations Center (MSIJSOC) and the                   DEPARTMENT OF THE INTERIOR
                                                Administration (TSA) invites public                      Travel Protocol Office (TPO) programs
                                                comment on a new Information                             to support and facilitate the movement                Fish and Wildlife Service
                                                Collection Request (ICR) abstracted                      of wounded warriors, severely injured                 [FWS–R2–ES–2016–0141;
                                                below, that we will submit to the Office                 military personnel, veterans and other                FXES11140200000–178–FF02ENEH00]
                                                of Management and Budget (OMB) for                       travelers requiring an escort through the
                                                approval in compliance with the                          airport security screening process. The               Draft Environmental Impact Statement
                                                Paperwork Reduction Act (PRA). The                       MSIJSOC and TPO programs are                          and Draft Barton Springs Edwards
                                                ICR describes the nature of the                          available at commercial airports within               Aquifer Conservation District Habitat
                                                information collection and its expected                  the continental United States and its                 Conservation Plan
                                                burden. The collection involves the                      territories.
                                                submission of travel information to TSA                                                                        AGENCY:   Fish and Wildlife Service,
                                                to provide wounded warriors, severely                       The MSIJSOC program works with                     Interior.
                                                injured military personnel, and certain                  passengers who are wounded warriors,                  ACTION: Notice of availability: notice of
                                                other travelers with assistance through                  severely injured military members, and                receipt of a permit application; and
                                                the airport security screening process.                  veterans. Once flight arrangements are                announcement of a public meeting.
                                                DATES: Send your comments by                             made with the airlines, the traveler, his
                                                                                                         or her family, or other representative                SUMMARY:   We, the U.S. Fish and
                                                September 18, 2017.
                                                                                                         may contact the TSA Cares Hotline no                  Wildlife Service (Service), announce the
                                                ADDRESSES: Comments may be emailed
                                                                                                         later than 72 hours prior to their                    availability of a draft environmental
                                                to TSAPRA@dhs.gov or delivered to the                                                                          impact statement (dEIS), which
                                                TSA PRA Officer, Office of Information                   scheduled flight time with the details of
                                                                                                         the itinerary. TSA will collect the                   evaluates the impacts of, and
                                                Technology (OIT), TSA–11,                                                                                      alternatives to, the proposed Barton
                                                Transportation Security Administration,                  traveler’s name, travel itinerary (flight
                                                                                                         departure and arrival information), and               Springs Edwards Aquifer Conservation
                                                601 South 12th Street, Arlington, VA                                                                           District (BSEACD) Habitat Conservation
                                                20598–6011.                                              a point-of-contact’s mobile phone
                                                                                                         number. Once TSA collects this                        Plan (dHCP) for federally-listed Barton
                                                FOR FURTHER INFORMATION CONTACT:                                                                               Springs salamander (BSS) and Austin
                                                Christina A. Walsh at the above address,                 information, TSA Cares will contact
                                                                                                         MSIJSOC, where the staff will vet the                 blind salamander (ABS) (collectively,
                                                or by telephone (571) 227–2062.                                                                                covered species) incidental take in
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         request via the appropriate Wounded
                                                                                                                                                               portions of Travis and Hays Counties,
                                                                                                         Warrior Care Coordinator to verify the
                                                Comments Invited                                                                                               Texas, where pumping withdrawals are
                                                                                                         wounded warriors, severely injured
                                                                                                                                                               implemented, authorized, or permitted
                                                   In accordance with the Paperwork                      military members, and veterans’
                                                                                                                                                               by BSEACD. We also announce that we
                                                Reduction Act of 1995 (44 U.S.C. 3501                    eligibility. After verifying eligibility, the
                                                                                                                                                               will hold a public meeting on this
                                                et seq.), an agency may not conduct or                   MSIJSOC will contact the respective
                                                                                                                                                               project.
                                                sponsor, and a person is not required to                 TSA official at the appropriate airport
                                                respond to, a collection of information                  for action.                                           DATES:   Comments: We will accept
                                                unless it displays a valid OMB control                                                                         comments received or postmarked on or
                                                                                                            Additionally, the TPO program
                                                number. The ICR documentation will be                                                                          before September 18, 2017. Comments
                                                                                                         facilitates the movement of foreign
                                                made available at http://                                                                                      submitted electronically using the
                                                                                                         dignitaries, accredited Ambassadors to
                                                www.reginfo.gov upon its submission to                                                                         Federal eRulemaking Portal (see
                                                                                                         the United States and others who may                  ADDRESSES section below) must be
                                                OMB. Therefore, in preparation for                       require an escort through the airport
                                                OMB review and approval of the                                                                                 received by 11:59 p.m. Eastern Time on
                                                                                                         security screening process. These                     the closing date. Any comments that we
                                                following information collection, TSA is                 travelers may contact the TPO office by
                                                soliciting comments to—                                                                                        receive after the closing date may not be
                                                                                                         submitting a request for travel support               considered in the final decision on these
                                                   (1) Evaluate whether the proposed
                                                                                                         via telephone. Travelers and their                    actions.
                                                information requirement is necessary for
                                                                                                         points-of-contact should submit their
                                                the proper performance of the functions                                                                        ADDRESSES: Obtaining Documents:
                                                                                                         travel support requests no later than 72
                                                of the agency, including whether the                                                                              • Internet: You may obtain copies of
                                                information will have practical utility;                 hours prior to the respective scheduled
                                                                                                                                                               the dEIS and dHCP on the Federal
                                                   (2) Evaluate the accuracy of the                      flight to allow TSA to make timely
                                                                                                                                                               eRulemaking Portal at http://
                                                agency’s estimate of the burden;                         notification regarding the travel. TSA
                                                                                                                                                               www.regulations.gov (Docket Number
                                                   (3) Enhance the quality, utility, and                 will collect the traveler’s name, travel              FWS–R2–ES–2016–0141); or
                                                clarity of the information to be                         itinerary (flight departure and arrival                  • You may also obtain copies of the
                                                collected; and                                           information), and a point-of-contact’s                dEIS and dHCP on the Service’s Web
                                                   (4) Minimize the burden of the                        mobile phone number.                                  site at http://www.fws.gov/southwest/es/
                                                collection of information on those who                      The estimated annual burden for this               AustinTexas/ (refer to permit number
                                                are to respond, including using                          collection is 467 hours. The estimated                TE10607C).
                                                appropriate automated, electronic,                       number of annual respondents is 5,600                    • U.S. Mail: A limited number of CD–
                                                mechanical, or other technological                       with each response taking                             ROM and printed copies of the dEIS and
                                                collection techniques or other forms of                  approximately 0.0833 hours (5600 ×                    dHCP are available, by request, from the
                                                information technology.                                                                                        Field Supervisor, U.S. Fish and Wildlife
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                         0.0833).
                                                Information Collection Requirement                          Dated: July 12, 2017.
                                                                                                                                                               Service, 10711 Burnet Road, Suite 200,
                                                                                                                                                               Austin, TX 78758; phone (512) 490–
                                                Purpose and Description of Data                          Christina A. Walsh,                                   0057; or fax (512) 490–0974. Please note
                                                Collection                                               TSA Paperwork Reduction Act Officer, Office           that your request is in reference to the
                                                  The Transportation Security                            of Information Technology.                            HCP for BSS and ABS (TE10607C).
                                                Administration (TSA) established the                     [FR Doc. 2017–15019 Filed 7–17–17; 8:45 am]              • In-Person: Copies of the dEIS and
                                                Military Severely Injured Joint Support                  BILLING CODE 9110–05–P                                dHCP are also available for public


                                           VerDate Sep<11>2014   17:47 Jul 17, 2017   Jkt 241001   PO 00000   Frm 00077   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                32862                           Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices

                                                inspection and review at the following                   Background                                            consultations with the Service. BSEACD
                                                locations, by appointment and written                       We initially prepared a notice of                  would notify pumpers of approaching
                                                request only, 8 a.m. to 4:30 p.m.:                       intent (NOI) to prepare an                            drought and issue notices to stop
                                                  Æ U.S. Fish and Wildlife Service,                      environmental impact statement (EIS),                 pumping once drought is declared and
                                                10711 Burnet Road, Suite 200, Austin,                    which was published in the Federal                    take of the covered species is imminent.
                                                TX 78758, 512/490–0057.                                                                                        Under this Alternative, each pumper
                                                                                                         Register on August 9, 2005 (70 FR
                                                  Æ U.S. Fish and Wildlife Service, 500                                                                        would be expected to comply with
                                                                                                         46186). A scoping meeting was held in
                                                Gold Avenue SW., Albuquerque, NM                                                                               pumping cessation notices issued by
                                                                                                         Austin, Texas, on August 23, 2005.
                                                87102, Room 6034, 505/248–6920.                                                                                BSEACD, or would need to seek an
                                                                                                         Issues identified during the initial
                                                  Æ Department of the Interior, Natural                                                                        individual ITP for the covered species
                                                                                                         scoping meeting were incorporated into
                                                Resources Library, 1849 C. St. NW.,                                                                            in order to continue pumping. Each
                                                                                                         a combined dHCP and dEIS dated
                                                Washington, DC 20240.                                                                                          independent application for an ITP
                                                  Persons wishing to review the                          August 2007. Subsequent to preparation
                                                                                                                                                               would require an analysis of the
                                                application may obtain a copy by                         of this document, the ABS became listed
                                                                                                                                                               incidental take and impacts to listed
                                                writing to the Regional Director, U.S.                   as an endangered species and new
                                                                                                                                                               species, the identification and
                                                Fish and Wildlife Service, P.O. Box                      information became available for the                  implementation of appropriate and
                                                1306, Room 6034, Albuquerque, NM                         BSS. In 2014 we initiated a process to                practicable mitigation measures, and the
                                                87103 (Attention: Branch of                              update the scope of issues and concerns               preparation of appropriate
                                                Environmental Review).                                   concerning the proposed action. We                    documentation to support the
                                                  Submitting Comments: You may                           prepared a second NOI to prepare an                   permitting action. Mitigation
                                                submit written comments by one of the                    environmental assessment (EA), which                  requirements would be individually
                                                following methods:                                       was published in the Federal Register                 negotiated with the Service on the basis
                                                  • Electronically: Go to the Federal e-                 on March 5, 2014 (79 FR 12522) and a                  of the level of impact to listed species
                                                Rulemaking Portal: http://                               public scoping meeting was held on                    and the conservation value of the
                                                www.regulations.gov. In the Search box,                  April 3, 2014. After reviewing the scope              mitigation options and opportunities
                                                enter FWS–R2–ES–2016–0141, which is                      and possible controversy on the                       available to the individual applicant.
                                                the docket number for this notice. On                    activities covered in the dHCP, the                      Alternative 2: The preferred
                                                the left side of the screen, under the                   Service determined that an EIS was the                alternative. Permitted Pumping Under
                                                Document Type heading, click on the                      appropriate NEPA analysis. A summary                  the District HCP. The permitted
                                                Notices link to locate this document and                 of comments provided during both                      pumping alternative would involve
                                                submit a comment.                                        scoping periods can be found in                       approval of the BSEACD HCP
                                                  • By Hard Copy: Submit by U.S. mail                    Appendix A of the dEIS.                               addressing authorized pumping of the
                                                or hand-delivery to Public Comments                      Proposed Action                                       Barton Springs Segment of the Edwards
                                                Processing, Attn: FWS–R2–ES–2016–                                                                              Aquifer and the issuance of an ITP by
                                                                                                            The proposed action involves the                   the Service. Alternative 2 measures
                                                0141; U.S. Fish and Wildlife Service;
                                                                                                         issuance of an ITP by the Service for the             could meet state-mandated Desired
                                                MS BPHC–PPM; 5275 Leesburg Pike,
                                                                                                         covered activities in the permit area,                Future Conditions (DFC). These actions
                                                Falls Church, VA 22041–3803.
                                                  • For how to view comments on the                      pursuant to section 10(a)(1)(B) of the                would limit Aquifer pumping during
                                                EIS from the Environmental Protection                    Endangered Species Act of 1973 (Act),                 Drought of Record (DOR)-like
                                                Agency (EPA), or for information on                      as amended. The ITP would cover                       conditions to no more than 5.2 cubic
                                                EPA’s role in the EIS process, see EPA’s                 ‘‘take’’ of the covered species associated            feet per second (cfs), thereby
                                                Role in the EIS Process under                            with permitted pumping occurring                      maintaining a minimum average Barton
                                                SUPPLEMENTARY INFORMATION.
                                                                                                         within the permit area.                               Springs monthly springflow of 6.5 cfs.
                                                  • We will also accept written and oral                    The requested term of the ITP is 20                The BSEACD HCP incorporates actions
                                                comments at the public meeting (see                      years. To meet the requirements of a                  to minimize and mitigate unavoidable
                                                DATES).
                                                                                                         section 10(a)(1)(B) ITP, the applicant                incidental take and, includes demand
                                                  We request that you send comments                      developed and proposes to implement                   reduction measures, programs
                                                by only the methods described above.                     their dHCP, which describes the                       encouraging the development and use of
                                                We will post all information received on                 conservation measures the applicant has               new water supplies, greater enforcement
                                                http://www.regulations.gov. This                         agreed to undertake to minimize and                   capabilities, cooperative efforts with
                                                generally means that we will post any                    mitigate for the impacts of the proposed              other entities, and mechanisms to adapt
                                                personal information you provide us                      incidental take of the covered species to             management strategies and respond to
                                                (see the Public Availability of                          the maximum extent practicable, and                   emergencies.
                                                Comments section below for more                          ensure that incidental take will not                     Alternative 3: Water Demand
                                                information).                                            appreciably reduce the likelihood of the              Reduction. Under the water demand
                                                                                                         survival and recovery of these species in             reduction alternative BSEACD would
                                                FOR FURTHER INFORMATION CONTACT:                         the wild.                                             not seek, and the Service would not
                                                Field Supervisor, U.S. Fish and Wildlife                                                                       issue, an ITP. BSEACD’s permitting
                                                Service, 10711 Burnet Road, Suite 200,                   Alternatives
                                                                                                                                                               program would control Aquifer
                                                Austin, TX 78758 or (512) 490–0057.                        Four alternatives to the proposed                   pumping, both in absolute-use terms
                                                SUPPLEMENTARY INFORMATION: In                            action we are considering as part of this             and during drought conditions, to
                                                addition to this notice of the dEIS, EPA                 process are:
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               protect the covered species and avoid
                                                is publishing a notice announcing the                      No Action Alternative. Under the No                 incidental take. Alternative 3 would
                                                dEIS, as required under section 309 of                   Action Alternative BSEACD would not                   require mandated pumping reductions
                                                the Clean Air Act (42 U.S.C. 7401 et                     seek, and the Service would not issue,                during DOR conditions to less than 1 cfs
                                                seq.). The publication of EPA’s notice is                an ITP. Under this alternative,                       to maintain minimum average monthly
                                                the official start of the comment period                 compliance with the Act would                         Barton Springs springflow of 11 cfs.
                                                for an EIS (see EPA’s Role in the EIS                    continue to occur only on an individual               These regulatory curtailments, backed
                                                Process below).                                          basis through project-specific                        with effective enforcement to ensure


                                           VerDate Sep<11>2014   17:47 Jul 17, 2017   Jkt 241001   PO 00000   Frm 00078   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1


                                                                                Federal Register / Vol. 82, No. 136 / Tuesday, July 18, 2017 / Notices                                                 32863

                                                compliance, would protect springflow                     sign language interpretation) should be               and NEPA and its implementing
                                                for the covered species. Minimum                         directed to Charlotte Kuchera, 512/490–               regulations (40 CFR 1506.6).
                                                required springflows equivalent to                       0057, ext. 224, at least 5 working days
                                                                                                                                                               Joy E. Nicholopoulos,
                                                historical conditions would be ensured                   prior to the meeting date.
                                                under Alternative 3. However, this                                                                             Acting Regional Director, Southwest Region,
                                                                                                         EPA’s Role in the EIS Process                         Albuquerque, New Mexico.
                                                alternative would employ the most
                                                severe regulatory measures to achieve                                                                          [FR Doc. 2017–15037 Filed 7–17–17; 8:45 am]
                                                                                                           In addition, EPA is publishing a
                                                the level of pumping reductions needed                   notice announcing the dEIS, as required               BILLING CODE 4333–15–P

                                                and would require one or more sources                    under section 309 of the Clean Air Act.
                                                of replacement water for some                            The publication date of EPA’s notice of
                                                indeterminate fraction of the amount                                                                           DEPARTMENT OF THE INTERIOR
                                                                                                         availability is the official start of the
                                                curtailed to meet residual demand.                       public comment period for the dEIS.                   Bureau of Indian Affairs
                                                   Alternative 4: Water Supply                           Under the Clean Air Act, EPA also must
                                                Augmentation and Substitution. Under                     subsequently announce the final EIS via               [178A2100DD/AAKC001030/
                                                Alternative 4 BSEACD would propose                       the Federal Register. The EPA is                      A0A501010.999900 253G]
                                                an HCP and seek a 5 year ITP.                            charged under section 309 of the Clean
                                                Alternative 4 would involve the                                                                                Land Acquisitions; The Chickasaw
                                                                                                         Air Act to review all Federal agencies’
                                                development of other alternative water                                                                         Nation
                                                                                                         EISs and to comment on the adequacy
                                                supplies that would augment the                          and the acceptability of the                          AGENCY:   Bureau of Indian Affairs,
                                                amount of water pumped from the                          environmental impacts of proposed                     Interior.
                                                Aquifer, substitute for Aquifer                          actions in the EISs.                                  ACTION: Notice.
                                                withdrawals, or involve a combination                      EPA also serves as the repository (EIS
                                                of both to achieve the goal of                           database) for EISs prepared by Federal                SUMMARY:    This notice informs the public
                                                substantially reducing Aquifer pumping                   agencies and provides notice of their                 that the Principal Deputy Assistant
                                                to a level below 1 cfs in order to provide               availability in the Federal Register. The             Secretary—Indian Affairs proclaimed
                                                for a minimum average monthly                            EIS database provides information about               approximately 30.03 acres, more or less,
                                                springflow of 11 cfs during drought of                   EISs prepared by Federal agencies, as                 of land near the Town of Willis,
                                                record conditions. As additional water                   well as EPA’s comments concerning the                 Marshall County, Oklahoma (Willis
                                                supplies become available, the amount                    EISs. All EISs are filed with EPA, which              Site) in trust for the Chickasaw Nation
                                                of Aquifer pumping would be reduced                                                                            for gaming and other purposes on
                                                                                                         publishes a notice of availability on
                                                in direct proportion to the amount of                                                                          January 19, 2017.
                                                                                                         Fridays in the Federal Register.
                                                water augmented or substituted.
                                                                                                           The notice of availability is the start             FOR FURTHER INFORMATION CONTACT: Ms.
                                                BSEACD currently does not have the
                                                                                                         of the 60-day public comment period for               Paula L. Hart, Director, Office of Indian
                                                regulatory authority to develop
                                                                                                         draft EISs. For more information, see                 Gaming, Bureau of Indian Affairs, MS–
                                                alternative water supplies. Use of
                                                                                                         http://www.epa.gov/compliance/nepa/                   3657 MIB, 1849 C Street NW.,
                                                augmented or substituted water supplies
                                                                                                         eisdata.html. You may search for EPA                  Washington, DC 20240, telephone (202)
                                                would have to be implemented
                                                                                                         comments on EISs, along with EISs                     219–4066.
                                                voluntarily as is currently being done by
                                                some users within the permit area.                       themselves, at https://cdxnodengn.epa.                SUPPLEMENTARY INFORMATION: This
                                                There are also current limitations on the                gov/cdx-enepa-public/action/eis/search.               notice is published in the exercise of
                                                amount of alternative water supplies                     Public Availability of Comments                       authority delegated by the Secretary of
                                                that could economically be made                                                                                the Interior to the Assistant Secretary—
                                                available to groundwater users within                      Written comments we receive become                  Indian Affairs by 209 Departmental
                                                the region.                                              part of the public record associated with             Manual 8.1, and is published to comply
                                                   Section 9 of the Act and its                          this action. Before including your                    with the requirements of 25 CFR
                                                implementing regulations prohibit                        address, phone number, email address,                 151.12(c)(2)(ii) that notice of the
                                                ‘‘take’’ of fish and wildlife species listed             or other personal identifying                         decision to acquire land in trust be
                                                as threatened or endangered under                        information in your comment, you                      promptly provided in the Federal
                                                section 4 of the Act. However, section                   should be aware that your entire                      Register.
                                                10(a) of the Act authorizes us to issue                  comment—including your personal                          On January 19, 2017, the Principal
                                                permits to take listed wildlife species                  identifying information—may be made                   Deputy Assistant Secretary—Indian
                                                where such take is incidental to, and not                publicly available at any time. While                 Affairs issued a decision to accept the
                                                the purpose of, otherwise lawful                         you can request in your comment that                  Willis Site, consisting of approximately
                                                activities and where the applicant meets                 we withhold your personal identifying                 30.03 acres, more or less, of land in trust
                                                certain statutory requirements.                          information from public review, we                    for the Chickasaw Nation (Nation),
                                                                                                         cannot guarantee that we will be able to              under the authority of the Indian
                                                Public Meeting                                           do so. We will not consider anonymous                 Reorganization Act, 25 U.S.C. 5108. The
                                                  The Service will hold a public                         comments. All submissions from                        Principal Deputy Assistant Secretary—
                                                meeting during the public comment                        organizations or businesses, and from                 Indian Affairs determined that Nation’s
                                                period. The date, time, and location of                  individuals identifying themselves as                 request also meets the requirements of
                                                the meeting will be noticed in local                     representatives or officials of                       the Indian Gaming Regulatory Act’s
                                                newspapers at least two weeks before                     organizations or businesses, will be                  ‘‘Oklahoma exception,’’ 25 U.S.C.
sradovich on DSK3GMQ082PROD with NOTICES




                                                the meeting and will also be posted on                   made available for public disclosure in               2719(a)(2)(A)(i), to the general
                                                the following Web site: http://www.fws.                  their entirety.                                       prohibition contained in 25 U.S.C.
                                                gov/southwest/es/AustinTexas/. The                                                                             2719(a) on gaming on lands acquired in
                                                                                                         Authority
                                                public meeting will be physically                                                                              trust after October 17, 1988.
                                                accessible to people with disabilities.                    We provide this notice under section                   The Principal Deputy Assistant
                                                Requests for reasonable                                  10(c) of the Act and its implementing                 Secretary—Indian Affairs, on behalf of
                                                accommodations (e.g., auxiliary aids or                  regulations (50 CFR 17.22 and 17.32)                  the Secretary of the Interior, will


                                           VerDate Sep<11>2014   17:47 Jul 17, 2017   Jkt 241001   PO 00000   Frm 00079   Fmt 4703   Sfmt 4703   E:\FR\FM\18JYN1.SGM   18JYN1



Document Created: 2018-10-24 11:24:31
Document Modified: 2018-10-24 11:24:31
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 availability: notice of receipt of a permit application; and announcement of a public meeting.
DatesComments: We will accept comments received or postmarked on or before September 18, 2017. Comments submitted electronically using the
ContactField Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758 or (512) 490-0057.
FR Citation82 FR 32861 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR