82_FR_41213 82 FR 41047 - Endangered and Threatened Wildlife and Plants; Permits; Draft Supplement to Environmental Impact Statement, Amendment to Habitat Conservation Plan for Forest Management in Montana, and Application for Amended Incidental Take Permit

82 FR 41047 - Endangered and Threatened Wildlife and Plants; Permits; Draft Supplement to Environmental Impact Statement, Amendment to Habitat Conservation Plan for Forest Management in Montana, and Application for Amended Incidental Take Permit

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 166 (August 29, 2017)

Page Range41047-41049
FR Document2017-18418

The Montana Department of Natural Resources and Conservation (DNRC) is amending its Forested Trust Lands Habitat Conservation Plan (2010 HCP) to incorporate the terms of a settlement agreement and add lands that it acquired since the U.S. Fish and Wildlife Service (Service) issued an incidental take permit (permit) to DNRC in December 2011. The Service is proposing to amend the associated permit under the Endangered Species Act (ESA) to authorize additional take of all but one of the species covered in the 2010 HCP resulting from addition of the acquired lands. We announce the availability of the following documents for review and comment by the public and Federal, Tribal, State, and local governments: Draft Supplemental Environmental Impact Statement (Draft SEIS) for amending the 2010 HCP and permit; Proposed Amended HCP Commitments for Additional Lands and Terms of the Settlement Agreement (Attachment A of the Draft SEIS); and Draft DNRC Assessment of Incidental Take for the Proposed Amended HCP (Attachment C of the Draft SEIS).

Federal Register, Volume 82 Issue 166 (Tuesday, August 29, 2017)
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 41047-41049]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18418]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2017-0044; FF06E11000-167-FXES11120600000]


Endangered and Threatened Wildlife and Plants; Permits; Draft 
Supplement to Environmental Impact Statement, Amendment to Habitat 
Conservation Plan for Forest Management in Montana, and Application for 
Amended Incidental Take Permit

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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

SUMMARY: The Montana Department of Natural Resources and Conservation 
(DNRC) is amending its Forested Trust Lands Habitat Conservation Plan 
(2010 HCP) to incorporate the terms of a settlement agreement and add 
lands that it acquired since the U.S. Fish and Wildlife Service 
(Service) issued an incidental take permit (permit) to DNRC in December 
2011. The Service is proposing to amend the associated permit under the 
Endangered Species Act (ESA) to authorize additional take of all but 
one of the species covered in the 2010 HCP resulting from addition of 
the acquired lands. We announce the availability of the following 
documents for review and comment by the public and Federal, Tribal, 
State, and local governments: Draft Supplemental Environmental Impact 
Statement (Draft SEIS) for amending the 2010 HCP and permit; Proposed 
Amended HCP Commitments for Additional Lands and Terms of the 
Settlement Agreement (Attachment A of the Draft SEIS); and Draft DNRC 
Assessment of Incidental Take for the Proposed Amended HCP (Attachment 
C of the Draft SEIS).

DATES: Submitting Comments: Written comments must be submitted by 
October 13, 2017.

ADDRESSES: Document Availability: The Draft SEIS, Proposed Amended HCP 
Commitments for Additional Lands and Terms of the Settlement Agreement 
(Attachment A of the Draft SEIS), and Draft DNRC Assessment of 
Incidental Take for the Proposed Amended HCP (Attachment C of the Draft 
SEIS) are available at:
     Internet: The Federal eRulemaking Portal 
(www.regulations.gov) in Docket No. FWS-R6-ES-2017-0044. Information 
regarding the Draft SEIS and accompanying documents is available in 
alternative formats upon request (see FOR FURTHER INFORMATION CONTACT).
     In-Person Review or Pick-Up: Documents will also be 
available for public inspection by appointment during normal business 
hours at the U.S. Fish and Wildlife Service, 780 Creston Hatchery Road, 
Kalispell, MT 59901 (telephone, 406-758-6882); U.S. Fish and Wildlife 
Service, 585 Shepard Way, Suite 1, Helena, MT 59601 (telephone, 406-
449-5225); Montana DNRC Forest Management Bureau, 2705 Spurgin Rd, 
Missoula, MT 59804 (telephone, 406-542-4328).
    Submitting Comments: To request further information or send written 
comments, please use one of the following methods, and note that your 
information requests or comments are in reference to the proposed 
amended DNRC HCP. Please specify which documents your comment 
addresses: Draft SEIS, proposed amended HCP commitments, or proposed 
amendments to authorized take.
     Internet: Submit comments at http://www.regulations.gov in 
Docket No. FWS-R6-ES-2017-0044, or via the Montana DNRC Web site at 
http://dnrc.mt.gov/divisions/trust/forest-management/hcp/hcp-announcements.
     U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R6-ES-2017-0044; U.S. Fish and Wildlife Service Headquarters, MS: 
BPHC; 5275 Leesburg Pike, Falls Church, VA 22041-3803.

FOR FURTHER INFORMATION CONTACT: Ben Conard, Assistant Field 
Supervisor, Kalispell Field Office, via email at [email protected] or 
via telephone at 406-758-6882; or Gary Frank, Deputy Chief, Forest 
Management Bureau, Montana DNRC, via email at [email protected], or via 
telephone at 406-542-4328. Information on this proposed action is also 
available at the DNRC's Web site at http://dnrc.mt.gov/divisions/trust/forest-management/hcp. If you use a telecommunications device for the 
deaf, hard-of-hearing, or speech disabled, please call the Federal 
Relay Service at 800-877-8337.

[[Page 41048]]


SUPPLEMENTARY INFORMATION: We received an application from Montana DNRC 
for an amended incidental take permit to authorize additional 
incidental take of the grizzly bear, Canada lynx, bull trout, and 
westslope cutthroat trout. No changes in authorized take of the 
Columbia redband trout, covered by the original permit, is necessary 
because it does not occur on the lands proposed to be added to the HCP. 
The additional take would result from implementing the DNRC forest 
management program on the 81,416 acres proposed to be added to the HCP. 
The DNRC is also proposing to amend the HCP to incorporate the terms of 
a settlement agreement to add conservation measures and remove others. 
As part of its application, the DNRC prepared a draft amendment to the 
HCP detailing specific changes to the 2010 HCP commitments to 
incorporate the terms of the settlement agreement.
    In the Draft SEIS, we analyze potential effects to the covered 
species and other factors of the human environment from implementing 
the proposed amended HCP with issuance of an amended permit and from 
implementing the no-action alternative.

Background

    Section 9 of the ESA prohibits take of fish and wildlife species 
listed as endangered (16 U.S.C. 1538). Under section 3 of the ESA, the 
term ``take'' means to ``harass, harm, pursue, hunt, shoot, wound, 
kill, trap, capture, or collect, or attempt to engage in any such 
conduct'' (16 U.S.C. 1532(19)). The term ``harm'' is defined in title 
50 of the Code of Federal Regulations as ``an act which actually kills 
or injures wildlife. Such acts may include significant habitat 
modification or degradation where it actually kills or injures wildlife 
by significantly impairing essential behavioral patterns, including 
breeding, feeding, or sheltering'' (50 CFR 17.3). The term ``harass'' 
is defined in the regulations as ``an intentional or negligent act or 
omission which creates the likelihood of injury to wildlife by annoying 
it to such an extent as to significantly disrupt normal behavioral 
patterns which include, but are not limited to, breeding, feeding, or 
sheltering'' (50 CFR 17.3).
    Under section 4(d) of the ESA, the Service may issue regulations 
pertaining to threatened species that are necessary for their 
conservation, and under section 10(a) of the ESA, the Service may issue 
permits to authorize incidental take of listed fish and wildlife 
species. ``Incidental take'' is defined by the ESA as take that is 
incidental to, and not the purpose of, carrying out an otherwise lawful 
activity. Section 10(a)(1)(B) of the ESA contains provisions for 
issuing incidental take permits to non-Federal entities for the 
incidental take of endangered and threatened species, provided the 
following criteria are met:
     The taking will be incidental.
     The applicant will minimize and mitigate, to the maximum 
extent practicable, the impact of such taking.
     The applicant will develop an 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.
     The applicant will carry out any other measures that the 
Secretary of the Interior may require as being necessary or appropriate 
for the purposes of the HCP.
    Regulations governing activities involving endangered species are 
at 50 CFR part 17, subpart C, and regulations governing activities 
involving threatened species are at 50 CFR part 17, subpart D.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires that Federal agencies conduct an environmental analysis 
of their proposed actions to determine whether the actions may 
significantly affect the human environment. Under NEPA and its 
implementing regulations (40 CFR 1500 et seq.), Federal agencies must 
also compare effects of a reasonable range of alternatives to the 
proposed action. In these analyses, the Federal agency will identify 
potentially significant direct, indirect, and cumulative effects, as 
well as possible mitigation for any significant effects, on biological 
resources, land use, air quality, water resources, socioeconomics, 
environmental justice, cultural resources, and other environmental 
resources that could occur with the implementation of the proposed 
action and alternatives.
    In April 2009, the DNRC applied for a permit for take of the 
grizzly bear, Canada lynx, bull trout, westslope cutthroat trout, and 
Columbia redband trout incidental to forest management activities. The 
grizzly bear, lynx, and bull trout are federally listed as threatened, 
while the westslope and Columbia redband trout are not listed under the 
ESA. Before deciding whether to issue the permit, we analyzed the 
potential effects of implementing the HCP and alternatives in a draft 
environmental impact statement (EIS). In 2009, we provided comment 
periods totaling 105 days for the public to review DNRC's permit 
application package, which included the draft HCP and draft EIS (74 FR 
30617). After considering the public comments and determining that all 
requirements under section 10(a)(1)(B) of the ESA were met, the Service 
issued the permit to DNRC on December 14, 2011.
    The original permit covers approximately 548,500 acres of forested 
State trust lands in western Montana. However, the HCP addressed the 
process and contingencies for DNRC to transfer, exchange, or add lands 
for their forest management activities in the future. Thus, the Service 
previously considered in the EIS the potential effects of amending the 
HCP and permit to cover such actions.
    In April, 2013, Friends of the Wild Swan, Montana Environmental 
Information Center, and Natural Resources Defense Council challenged 
the issuance of the permit in a Federal District Court in Montana. The 
Court ruled in the Service's favor on all but one count. DNRC and the 
plaintiffs subsequently entered a settlement agreement for the 
remaining count in September, 2015. The future addition of lands to the 
HCP and permit were not part of the complaint or the settlement 
agreement.

Proposed Action

    The Service proposes to issue an amended permit that authorizes 
additional incidental take of the covered species resulting from adding 
81,416 acres to the area covered in the HCP. DNRC is amending its HCP 
so that its relevant conservation commitments to avoid, minimize, and 
mitigate the impacts of incidental take will be implemented on the new 
lands. The DNRC is also amending the HCP to incorporate the terms of 
the settlement agreement, which would not result in any changes to the 
permit.
    The lands proposed to be added to the HCP are in the Swan, 
Chamberlain, Potomac, Lolo Land Exchange, Upper Blackfoot, and Southern 
Bitterroot acquisition areas. The draft amendment to the HCP adds (1) 
the Swan acquisition lands to the Swan Transportation Plan, (2) the 
Swan acquisition area to the Swan Lynx Management Area, and (3) 
portions of the Chamberlain and Potomac acquisition areas to the Garnet 
Lynx Management Area. It also revises the acres of lynx critical 
habitat addressed in the HCP.
    The terms of the settlement agreement focus primarily on adjusting 
management of DNRC's Class A lands under the Stillwater Block 
Transportation Plan in the HCP, which entailed a strategy of a cycle of 
4 years of active forest management, followed

[[Page 41049]]

by 8 years of rest. The settlement agreement identifies 7 distinct 
grizzly bear security zones almost entirely on the original 19,400 
acres of Class A lands in the Stillwater Block in the HCP, but also 
adds 2,300 acres in a new area in Coal Creek State Forest. The amended 
HCP would replace the 4-year active/8-year rest rotation with specific 
measures for restricting forest management activities to the denning 
season in these grizzly bear security zones. All motorized activities 
below 6,300 feet in elevation within the grizzly security zones would 
be allowed during the grizzly denning season and prohibited all year 
round above that elevation. The current HCP prohibits new permanent 
road construction on the original 19,400 acres of Class A lands. This 
measure would remain essentially the same under an amendment, but to 
incorporate the terms of the settlement agreement, it would be 
specifically applied to the seven grizzly security zones, including the 
additional 2,300 acres in the Coal Creek State Forest. Several other 
measures in the HCP for Class A lands would remain the same but be 
extended to the grizzly security zones. Other amendments specifically 
spell out measures that DNRC had committed to implement in the original 
HCP but were previously incorporated by reference from DNRC's Forest 
Management Administrative Rules of Montana.
    The original HCP requires the DNRC to complete corrective actions 
at sites identified with high risk of sediment delivery in bull trout 
watersheds in the HCP plan area by 2027. As directed by the settlement 
agreement, the HCP would be amended to prioritize and complete such 
corrective actions in federally designated bull trout critical habitat 
in the Stillwater Block by 2024.
    Lastly, over the past 5 years of HCP implementation, the Service 
and DNRC identified some commitment and procedural clarifications that 
would be incorporated into the HCP. These amendments would serve to 
help DNRC understand how to implement certain measures and would not 
entail any changes to the nature of the measures or how they affect the 
covered species.

Alternatives Analyzed in the Draft SEIS

    The Draft SEIS considers the direct, indirect, and cumulative 
effects of the proposed action, including the proposed amended HCP's 
measures intended to avoid, minimize, and mitigate such impacts, and 
no-action alternatives. The proposed action entails issuing DNRC an 
amended permit authorizing additional take based on amendments to the 
HCP to add covered lands and incorporate terms of the settlement 
agreement. The no-action alternative would include amending the HCP to 
incorporate the terms of the settlement agreement, which is legally 
required, but would not include adding lands or issuing an amended 
permit authorizing additional take.
    The Service invites comments and suggestions from interested 
parties on the content of the Draft SEIS. In particular, information 
and comments regarding the following topics are requested:
    1. The direct, indirect, or cumulative effects that implementation 
of either action alternative could have on the natural and human 
environment.
    2. Whether or not the impact on various aspects of the natural and 
human environment have been adequately analyzed.
    3. Any other information pertinent to evaluating the effects of the 
proposed action on the natural and human environment.

Role of the Environmental Protection Agency in the EIS Process

    The U.S. Environmental Protection Agency (EPA) is charged under 
section 309 of the Clean Air Act to review all Federal agencies' 
environmental impact statements (EISs) and to comment on the adequacy 
and acceptability of the environmental impacts of proposed actions in 
the EISs.
    EPA also administers the 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 each 
Friday in the Federal Register.
    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 Comments

    Written comments received 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 may 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 ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations for incidental take 
permits (50 CFR 17.22) and NEPA (42 U.S.C. 4371 et seq.) and its 
implementing regulations (40 CFR 1506.6; 43 CFR part 46).

Michael G. Thabault,
Assistant Regional Director-Ecological Services, Mountain-Prairie 
Region, U.S. Fish and Wildlife Service, Lakewood, Colorado.
[FR Doc. 2017-18418 Filed 8-28-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                                             Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices                                          41047

                                                   • HUD and Microsoft Azure                            contacting their lending institution or               ADDRESSES:    Document Availability: The
                                                implement physical security controls to                 contacting HUD’s Privacy Office or                    Draft SEIS, Proposed Amended HCP
                                                protect stored electronic information.                  Freedom of Information Act Office at                  Commitments for Additional Lands and
                                                   • Data is only shared internally or                  the addresses above.                                  Terms of the Settlement Agreement
                                                with the Department of Treasury. The                                                                          (Attachment A of the Draft SEIS), and
                                                                                                        EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                information shared with Treasury is                                                                           Draft DNRC Assessment of Incidental
                                                limited to the financial transactions for                 None.                                               Take for the Proposed Amended HCP
                                                reserving funds (commitments) and                       HISTORY:                                              (Attachment C of the Draft SEIS) are
                                                endorsements of approved mortgage                         None.                                               available at:
                                                insurance applications (obligations).                                                                            • Internet: The Federal eRulemaking
                                                                                                          Dated: July 25, 2017.                               Portal (www.regulations.gov) in Docket
                                                HUD has a shared service agreement
                                                with Treasury that covers transactions                  Helen Goff Foster,                                    No. FWS–R6–ES–2017–0044.
                                                to ARC. The information in the financial                Chief Administrative Officer and Executive            Information regarding the Draft SEIS
                                                transactions is transmitted to                          Secretary, Senior Agency Official for Privacy.        and accompanying documents is
                                                Department of Treasury via the daily                    [FR Doc. 2017–18228 Filed 8–28–17; 8:45 am]           available in alternative formats upon
                                                ARC Report. See Section 6.1 for the list                BILLING CODE 4210–67–P                                request (see FOR FURTHER INFORMATION
                                                of transmitted information.                                                                                   CONTACT).
                                                   • All database back-ups are saved per                                                                         • In-Person Review or Pick-Up:
                                                the OCIO secure operations procedures                   DEPARTMENT OF THE INTERIOR                            Documents will also be available for
                                                for enterprise systems.                                                                                       public inspection by appointment
                                                   • Any printouts by OLG staff is used                 Fish and Wildlife Service                             during normal business hours at the
                                                for administrative purposes and then                                                                          U.S. Fish and Wildlife Service, 780
                                                                                                        [Docket No. FWS–R6–ES–2017–0044;
                                                destroyed.                                              FF06E11000–167–FXES11120600000]                       Creston Hatchery Road, Kalispell, MT
                                                                                                                                                              59901 (telephone, 406–758–6882); U.S.
                                                RECORD ACCESS PROCEDURES:                               Endangered and Threatened Wildlife                    Fish and Wildlife Service, 585 Shepard
                                                  All information related to the Lender,                and Plants; Permits; Draft Supplement                 Way, Suite 1, Helena, MT 59601
                                                Broker, Property, Appraisal, Appraiser,                 to Environmental Impact Statement,                    (telephone, 406–449–5225); Montana
                                                Borrower, Co-Borrower, Sponsor and                      Amendment to Habitat Conservation                     DNRC Forest Management Bureau, 2705
                                                the Loan is collected and entered by the                Plan for Forest Management in                         Spurgin Rd, Missoula, MT 59804
                                                external lending institution and                        Montana, and Application for Amended                  (telephone, 406–542–4328).
                                                provided to HUD via ONAP–LOS.                           Incidental Take Permit                                   Submitting Comments: To request
                                                  Individuals desiring to determine                                                                           further information or send written
                                                whether this system of records contains                 AGENCY:   Fish and Wildlife Service,                  comments, please use one of the
                                                information about them may do so in                     Interior.                                             following methods, and note that your
                                                accordance with HUD’s Privacy Act                       ACTION: Notice of availability; request               information requests or comments are in
                                                Web site: https://portal.hud.gov/                       for comments.                                         reference to the proposed amended
                                                hudportal/HUD?src=/program_offices/                                                                           DNRC HCP. Please specify which
                                                                                                        SUMMARY: The Montana Department of                    documents your comment addresses:
                                                administration/hudclips/handbooks/                      Natural Resources and Conservation
                                                admh/1325.1.                                                                                                  Draft SEIS, proposed amended HCP
                                                                                                        (DNRC) is amending its Forested Trust                 commitments, or proposed amendments
                                                  Privacy Act Requests are to be sent to:               Lands Habitat Conservation Plan (2010
                                                Privacy Act Officer, Department of                                                                            to authorized take.
                                                Housing and Urban Development, 451
                                                                                                        HCP) to incorporate the terms of a                       • Internet: Submit comments at
                                                                                                        settlement agreement and add lands that               http://www.regulations.gov in Docket
                                                7th St. SW., Room 10139, Washington,                    it acquired since the U.S. Fish and
                                                DC 20410.                                                                                                     No. FWS–R6–ES–2017–0044, or via the
                                                                                                        Wildlife Service (Service) issued an                  Montana DNRC Web site at http://
                                                  Privacy Act notice procedures are                     incidental take permit (permit) to DNRC
                                                referenced in the HUD Privacy Act                                                                             dnrc.mt.gov/divisions/trust/forest-
                                                                                                        in December 2011. The Service is                      management/hcp/hcp-announcements.
                                                Handbook.                                               proposing to amend the associated                        • U.S. Mail: Public Comments
                                                CONTESTING RECORD PROCEDURES:                           permit under the Endangered Species                   Processing, Attn: Docket No. FWS–R6–
                                                  Individuals desiring to contest records               Act (ESA) to authorize additional take of             ES–2017–0044; U.S. Fish and Wildlife
                                                may refer to the HUD FOIA Reference                     all but one of the species covered in the             Service Headquarters, MS: BPHC; 5275
                                                Guide and refer to the FOIA notice                      2010 HCP resulting from addition of the               Leesburg Pike, Falls Church, VA 22041–
                                                procedures on the Web site: https://                    acquired lands. We announce the                       3803.
                                                portal.hud.gov/hudportal/HUD?src=/                      availability of the following documents               FOR FURTHER INFORMATION CONTACT: Ben
                                                program_offices/administration/foia/                    for review and comment by the public                  Conard, Assistant Field Supervisor,
                                                requests.                                               and Federal, Tribal, State, and local                 Kalispell Field Office, via email at Ben_
                                                  The request should be submitted to                    governments: Draft Supplemental                       Conard@fws.gov or via telephone at
                                                the Department’s FOIA office address                    Environmental Impact Statement (Draft                 406–758–6882; or Gary Frank, Deputy
                                                below.                                                  SEIS) for amending the 2010 HCP and                   Chief, Forest Management Bureau,
                                                  U.S. Department of Housing and                        permit; Proposed Amended HCP                          Montana DNRC, via email at gfrank@
                                                Urban Development, Freedom of                           Commitments for Additional Lands and                  mt.gov, or via telephone at 406–542–
                                                                                                        Terms of the Settlement Agreement                     4328. Information on this proposed
sradovich on DSK3GMQ082PROD with NOTICES




                                                Information Act Office, 451 7th Street
                                                SW., Room 10139, Washington, DC                         (Attachment A of the Draft SEIS); and                 action is also available at the DNRC’s
                                                20410–3000, Facsimile: (202) 619–8365.                  Draft DNRC Assessment of Incidental                   Web site at http://dnrc.mt.gov/divisions/
                                                                                                        Take for the Proposed Amended HCP                     trust/forest-management/hcp. If you use
                                                NOTIFICATION PROCEDURES:                                (Attachment C of the Draft SEIS).                     a telecommunications device for the
                                                  Individuals wishing to determine                      DATES: Submitting Comments: Written                   deaf, hard-of-hearing, or speech
                                                whether this system of records contains                 comments must be submitted by                         disabled, please call the Federal Relay
                                                information about them may do so by                     October 13, 2017.                                     Service at 800–877–8337.


                                           VerDate Sep<11>2014   18:45 Aug 28, 2017   Jkt 241001   PO 00000   Frm 00066   Fmt 4703   Sfmt 4703   E:\FR\FM\29AUN1.SGM   29AUN1


                                                41048                        Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices

                                                SUPPLEMENTARY INFORMATION:      We                      incidental to, and not the purpose of,                and draft EIS (74 FR 30617). After
                                                received an application from Montana                    carrying out an otherwise lawful                      considering the public comments and
                                                DNRC for an amended incidental take                     activity. Section 10(a)(1)(B) of the ESA              determining that all requirements under
                                                permit to authorize additional                          contains provisions for issuing                       section 10(a)(1)(B) of the ESA were met,
                                                incidental take of the grizzly bear,                    incidental take permits to non-Federal                the Service issued the permit to DNRC
                                                Canada lynx, bull trout, and westslope                  entities for the incidental take of                   on December 14, 2011.
                                                cutthroat trout. No changes in                          endangered and threatened species,                       The original permit covers
                                                authorized take of the Columbia                         provided the following criteria are met:              approximately 548,500 acres of forested
                                                redband trout, covered by the original                     • The taking will be incidental.                   State trust lands in western Montana.
                                                permit, is necessary because it does not                   • The applicant will minimize and                  However, the HCP addressed the
                                                occur on the lands proposed to be added                 mitigate, to the maximum extent                       process and contingencies for DNRC to
                                                to the HCP. The additional take would                   practicable, the impact of such taking.               transfer, exchange, or add lands for their
                                                result from implementing the DNRC                          • The applicant will develop an HCP                forest management activities in the
                                                forest management program on the                        and ensure that adequate funding for the              future. Thus, the Service previously
                                                81,416 acres proposed to be added to                    plan will be provided.                                considered in the EIS the potential
                                                the HCP. The DNRC is also proposing to                     • The taking will not appreciably                  effects of amending the HCP and permit
                                                amend the HCP to incorporate the terms                  reduce the likelihood of the survival                 to cover such actions.
                                                of a settlement agreement to add                        and recovery of the species in the wild.                 In April, 2013, Friends of the Wild
                                                conservation measures and remove                           • The applicant will carry out any                 Swan, Montana Environmental
                                                others. As part of its application, the                 other measures that the Secretary of the              Information Center, and Natural
                                                DNRC prepared a draft amendment to                      Interior may require as being necessary               Resources Defense Council challenged
                                                the HCP detailing specific changes to                   or appropriate for the purposes of the                the issuance of the permit in a Federal
                                                the 2010 HCP commitments to                             HCP.                                                  District Court in Montana. The Court
                                                incorporate the terms of the settlement                    Regulations governing activities                   ruled in the Service’s favor on all but
                                                agreement.                                              involving endangered species are at 50                one count. DNRC and the plaintiffs
                                                  In the Draft SEIS, we analyze                         CFR part 17, subpart C, and regulations               subsequently entered a settlement
                                                potential effects to the covered species                governing activities involving                        agreement for the remaining count in
                                                and other factors of the human                          threatened species are at 50 CFR part 17,             September, 2015. The future addition of
                                                environment from implementing the                       subpart D.                                            lands to the HCP and permit were not
                                                proposed amended HCP with issuance                         The National Environmental Policy                  part of the complaint or the settlement
                                                of an amended permit and from                           Act (NEPA; 42 U.S.C. 4321 et seq.)                    agreement.
                                                implementing the no-action alternative.                 requires that Federal agencies conduct
                                                                                                        an environmental analysis of their                    Proposed Action
                                                Background                                              proposed actions to determine whether                   The Service proposes to issue an
                                                   Section 9 of the ESA prohibits take of               the actions may significantly affect the              amended permit that authorizes
                                                fish and wildlife species listed as                     human environment. Under NEPA and                     additional incidental take of the covered
                                                endangered (16 U.S.C. 1538). Under                      its implementing regulations (40 CFR                  species resulting from adding 81,416
                                                section 3 of the ESA, the term ‘‘take’’                 1500 et seq.), Federal agencies must also             acres to the area covered in the HCP.
                                                means to ‘‘harass, harm, pursue, hunt,                  compare effects of a reasonable range of              DNRC is amending its HCP so that its
                                                shoot, wound, kill, trap, capture, or                   alternatives to the proposed action. In               relevant conservation commitments to
                                                collect, or attempt to engage in any such               these analyses, the Federal agency will               avoid, minimize, and mitigate the
                                                conduct’’ (16 U.S.C. 1532(19)). The term                identify potentially significant direct,              impacts of incidental take will be
                                                ‘‘harm’’ is defined in title 50 of the Code             indirect, and cumulative effects, as well             implemented on the new lands. The
                                                of Federal Regulations as ‘‘an act which                as possible mitigation for any significant            DNRC is also amending the HCP to
                                                actually kills or injures wildlife. Such                effects, on biological resources, land                incorporate the terms of the settlement
                                                acts may include significant habitat                    use, air quality, water resources,                    agreement, which would not result in
                                                modification or degradation where it                    socioeconomics, environmental justice,                any changes to the permit.
                                                actually kills or injures wildlife by                   cultural resources, and other                           The lands proposed to be added to the
                                                significantly impairing essential                       environmental resources that could                    HCP are in the Swan, Chamberlain,
                                                behavioral patterns, including breeding,                occur with the implementation of the                  Potomac, Lolo Land Exchange, Upper
                                                feeding, or sheltering’’ (50 CFR 17.3).                 proposed action and alternatives.                     Blackfoot, and Southern Bitterroot
                                                The term ‘‘harass’’ is defined in the                      In April 2009, the DNRC applied for                acquisition areas. The draft amendment
                                                regulations as ‘‘an intentional or                      a permit for take of the grizzly bear,                to the HCP adds (1) the Swan
                                                negligent act or omission which creates                 Canada lynx, bull trout, westslope                    acquisition lands to the Swan
                                                the likelihood of injury to wildlife by                 cutthroat trout, and Columbia redband                 Transportation Plan, (2) the Swan
                                                annoying it to such an extent as to                     trout incidental to forest management                 acquisition area to the Swan Lynx
                                                significantly disrupt normal behavioral                 activities. The grizzly bear, lynx, and               Management Area, and (3) portions of
                                                patterns which include, but are not                     bull trout are federally listed as                    the Chamberlain and Potomac
                                                limited to, breeding, feeding, or                       threatened, while the westslope and                   acquisition areas to the Garnet Lynx
                                                sheltering’’ (50 CFR 17.3).                             Columbia redband trout are not listed                 Management Area. It also revises the
                                                   Under section 4(d) of the ESA, the                   under the ESA. Before deciding whether                acres of lynx critical habitat addressed
                                                Service may issue regulations pertaining                to issue the permit, we analyzed the
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                                                                                                                                                              in the HCP.
                                                to threatened species that are necessary                potential effects of implementing the                   The terms of the settlement agreement
                                                for their conservation, and under                       HCP and alternatives in a draft                       focus primarily on adjusting
                                                section 10(a) of the ESA, the Service                   environmental impact statement (EIS).                 management of DNRC’s Class A lands
                                                may issue permits to authorize                          In 2009, we provided comment periods                  under the Stillwater Block
                                                incidental take of listed fish and                      totaling 105 days for the public to                   Transportation Plan in the HCP, which
                                                wildlife species. ‘‘Incidental take’’ is                review DNRC’s permit application                      entailed a strategy of a cycle of 4 years
                                                defined by the ESA as take that is                      package, which included the draft HCP                 of active forest management, followed


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                                                                             Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices                                                 41049

                                                by 8 years of rest. The settlement                      agreement. The no-action alternative                  do so. We will not consider anonymous
                                                agreement identifies 7 distinct grizzly                 would include amending the HCP to                     comments. All submissions from
                                                bear security zones almost entirely on                  incorporate the terms of the settlement               organizations or businesses and from
                                                the original 19,400 acres of Class A                    agreement, which is legally required,                 individuals identifying themselves as
                                                lands in the Stillwater Block in the HCP,               but would not include adding lands or                 representatives or officials of
                                                but also adds 2,300 acres in a new area                 issuing an amended permit authorizing                 organizations or businesses will be
                                                in Coal Creek State Forest. The amended                 additional take.                                      made available for public disclosure in
                                                HCP would replace the 4-year active/8-                     The Service invites comments and                   their entirety.
                                                year rest rotation with specific measures               suggestions from interested parties on
                                                for restricting forest management                       the content of the Draft SEIS. In                     Authority
                                                activities to the denning season in these               particular, information and comments                     We provide this notice under section
                                                grizzly bear security zones. All                        regarding the following topics are                    10(c) of the ESA (16 U.S.C. 1531 et seq.)
                                                motorized activities below 6,300 feet in                requested:                                            and its implementing regulations for
                                                elevation within the grizzly security                      1. The direct, indirect, or cumulative             incidental take permits (50 CFR 17.22)
                                                zones would be allowed during the                       effects that implementation of either                 and NEPA (42 U.S.C. 4371 et seq.) and
                                                grizzly denning season and prohibited                   action alternative could have on the                  its implementing regulations (40 CFR
                                                all year round above that elevation. The                natural and human environment.                        1506.6; 43 CFR part 46).
                                                current HCP prohibits new permanent                        2. Whether or not the impact on
                                                                                                                                                              Michael G. Thabault,
                                                road construction on the original 19,400                various aspects of the natural and
                                                acres of Class A lands. This measure                    human environment have been                           Assistant Regional Director–Ecological
                                                                                                                                                              Services, Mountain-Prairie Region, U.S. Fish
                                                would remain essentially the same                       adequately analyzed.
                                                                                                                                                              and Wildlife Service, Lakewood, Colorado.
                                                under an amendment, but to incorporate                     3. Any other information pertinent to
                                                                                                                                                              [FR Doc. 2017–18418 Filed 8–28–17; 8:45 am]
                                                the terms of the settlement agreement, it               evaluating the effects of the proposed
                                                                                                        action on the natural and human                       BILLING CODE 4333–15–P
                                                would be specifically applied to the
                                                seven grizzly security zones, including                 environment.
                                                the additional 2,300 acres in the Coal                  Role of the Environmental Protection                  DEPARTMENT OF THE INTERIOR
                                                Creek State Forest. Several other                       Agency in the EIS Process
                                                measures in the HCP for Class A lands                                                                         Bureau of Reclamation
                                                would remain the same but be extended                     The U.S. Environmental Protection
                                                to the grizzly security zones. Other                    Agency (EPA) is charged under section                 [RR02800000, 17XR0680A3,
                                                amendments specifically spell out                       309 of the Clean Air Act to review all                RX178689471000000]
                                                measures that DNRC had committed to                     Federal agencies’ environmental impact
                                                                                                        statements (EISs) and to comment on                   Draft Environmental Impact Statement
                                                implement in the original HCP but were
                                                                                                        the adequacy and acceptability of the                 for the Shasta Dam Fish Passage
                                                previously incorporated by reference
                                                                                                        environmental impacts of proposed                     Evaluation, California; Reopening of
                                                from DNRC’s Forest Management
                                                                                                        actions in the EISs.                                  Comment Period
                                                Administrative Rules of Montana.
                                                   The original HCP requires the DNRC                     EPA also administers the database for               AGENCY:   Bureau of Reclamation,
                                                to complete corrective actions at sites                 EISs prepared by Federal agencies and                 Interior.
                                                identified with high risk of sediment                   provides notice of their availability in              ACTION: Notice to reopen comment
                                                delivery in bull trout watersheds in the                the Federal Register. The EIS database                period.
                                                HCP plan area by 2027. As directed by                   provides information about EISs
                                                the settlement agreement, the HCP                       prepared by Federal agencies, as well as              SUMMARY: The Bureau of Reclamation
                                                would be amended to prioritize and                      EPA’s comments concerning the EISs.                   (Reclamation) is reopening the public
                                                complete such corrective actions in                     All EISs are filed with EPA, which                    comment period on the scope of the
                                                federally designated bull trout critical                publishes a notice of availability each               draft environmental impact statement
                                                habitat in the Stillwater Block by 2024.                Friday in the Federal Register.                       (EIS) for the Shasta Dam Fish Passage
                                                   Lastly, over the past 5 years of HCP                   For more information, see http://                   Evaluation.
                                                implementation, the Service and DNRC                    www.epa.gov/compliance/nepa/                          DATES: The comment period for the
                                                identified some commitment and                          eisdata.html. You may search for EPA                  scope of the draft EIS published June 15,
                                                procedural clarifications that would be                 comments on EISs, along with EISs                     2017 (82 FR 27522), is reopened.
                                                incorporated into the HCP. These                        themselves, at https://                               Comments should be received on or
                                                amendments would serve to help DNRC                     cdxnodengn.epa.gov/cdx-enepa-public/                  before September 28, 2017.
                                                understand how to implement certain                     action/eis/search.
                                                                                                                                                              ADDRESSES: You may send comments to
                                                measures and would not entail any
                                                                                                        Public Comments                                       Ms. Carolyn Bragg, Natural Resources
                                                changes to the nature of the measures or
                                                                                                          Written comments received become                    Specialist, Bureau of Reclamation, Bay-
                                                how they affect the covered species.
                                                                                                        part of the public record associated with             Delta Office, 801 I Street, Suite 140,
                                                Alternatives Analyzed in the Draft SEIS                 this action. Before including your                    Sacramento, CA 95814–2536; or by
                                                  The Draft SEIS considers the direct,                  address, phone number, email address,                 email to cbragg@usbr.gov; or via
                                                indirect, and cumulative effects of the                 or other personal identifying                         facsimile to (916) 414–2439.
                                                proposed action, including the proposed                 information in your comment, you                      FOR FURTHER INFORMATION CONTACT:
                                                amended HCP’s measures intended to                      should be aware that your entire                      Carolyn Bragg, (916) 414–2433, or email
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                                                avoid, minimize, and mitigate such                      comment—including your personal                       at cbragg@usbr.gov.
                                                impacts, and no-action alternatives. The                identifying information—may be made                   SUPPLEMENTARY INFORMATION: On June
                                                proposed action entails issuing DNRC                    publicly available at any time. While                 15, 2017, Reclamation published a
                                                an amended permit authorizing                           you may request in your comment that                  notice in the Federal Register
                                                additional take based on amendments to                  we withhold your personal identifying                 announcing its intent to prepare a draft
                                                the HCP to add covered lands and                        information from public review, we                    EIS. Since then, Reclamation has
                                                incorporate terms of the settlement                     cannot guarantee that we will be able to              received a formal request from the


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Document Created: 2017-08-29 01:57:50
Document Modified: 2017-08-29 01:57:50
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; request for comments.
DatesSubmitting Comments: Written comments must be submitted by October 13, 2017.
ContactBen Conard, Assistant Field Supervisor, Kalispell Field Office, via email at [email protected] or via telephone at 406-758-6882; or Gary Frank, Deputy Chief, Forest Management Bureau, Montana DNRC, via email at [email protected], or via telephone at 406-542-4328. Information on this proposed action is also available at the DNRC's Web site at http://dnrc.mt.gov/divisions/trust/ forest-management/hcp. If you use a telecommunications device for the deaf, hard-of-hearing, or speech disabled, please call the Federal Relay Service at 800-877-8337.
FR Citation82 FR 41047 

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