82 FR 60416 - Draft Habitat Conservation Plan for the Desert Tortoise and Mohave Ground Squirrel and Draft Environmental Assessment; Hinkley Groundwater Remediation Project; San Bernardino County, California

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 243 (December 20, 2017)

Page Range		60416-60417
FR Document		2017-27440

We, the U.S. Fish and Wildlife Service, announce the receipt and availability of a draft Habitat Conservation Plan (HCP) and draft environmental assessment (EA), which evaluates the impacts of, and alternatives to, the proposed Hinkley Groundwater Remediation Project. The Hinkley HCP was submitted by Pacific Gas & Electric Company (PG&E) in support of an application under the Endangered Species Act of 1973, as amended, for a permit authorizing the incidental take of covered species resulting from covered activities. PG&E's application is for a 50-year incidental take permit to cover groundwater remediation activities within a plan area of approximately 29,927 acres in and around Hinkley, California. We request review and comment on the Hinkley HCP and the draft EA from local, State, and Federal agencies; Tribes; and the public.

Federal Register, Volume 82 Issue 243 (Wednesday, December 20, 2017)

[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Notices]
[Pages 60416-60417]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27440]



[[Page 60416]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R8-ES-2017-N148]; [FXES11140800000-178-FF08E00000]


Draft Habitat Conservation Plan for the Desert Tortoise and 
Mohave Ground Squirrel and Draft Environmental Assessment; Hinkley 
Groundwater Remediation Project; San Bernardino County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comment.

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

SUMMARY: We, the U.S. Fish and Wildlife Service, announce the receipt 
and availability of a draft Habitat Conservation Plan (HCP) and draft 
environmental assessment (EA), which evaluates the impacts of, and 
alternatives to, the proposed Hinkley Groundwater Remediation Project. 
The Hinkley HCP was submitted by Pacific Gas & Electric Company (PG&E) 
in support of an application under the Endangered Species Act of 1973, 
as amended, for a permit authorizing the incidental take of covered 
species resulting from covered activities. PG&E's application is for a 
50-year incidental take permit to cover groundwater remediation 
activities within a plan area of approximately 29,927 acres in and 
around Hinkley, California. We request review and comment on the 
Hinkley HCP and the draft EA from local, State, and Federal agencies; 
Tribes; and the public.

DATES: To ensure consideration, please send your written comments by 
January 19, 2018.

ADDRESSES: Obtaining Documents:
     Internet: You may obtain copies of the Hinkley HCP and 
draft EA on the Hinkley Groundwater Remediation website at https://www.hinkleygroundwater.com.
     U.S. Mail: A limited number of CD-ROM and printed copies 
of the Hinkley HCP and draft EA and are available, by request, from the 
Palm Springs Fish and Wildlife Office at 777 East Tahquitz Canyon Way, 
Suite 208, Palm Springs, CA 92262; by mail at the Hinkley Independent 
Review Panel (IRP) Manager Office, 36236 Serra Rd., Hinkley, CA 92347; 
by phone at (714) 338-1800; or by email at [email protected]. 
Please specify that your request is about the Hinkley HCP.
     In-Person: Copies of the Hinkley HCP and draft EA are also 
available for public inspection and review at the following locations, 
by appointment and written request only, 8 a.m. to 4:30 p.m.:
    [cir] Hinkley IRP Manager Office, 36236 Serra Rd., Hinkley, CA 
92347.
    [cir] PG&E Public Outreach Office, 22999 Community Blvd., Hinkley, 
CA 92347.
    [cir] Barstow Library, 304 E Buena Vista St, Barstow, CA 92311.
    Submitting Comments: You may submit comments by one of the 
following methods:
    [cir] Email: [email protected]; please include ``Hinkley 
HCP'' in the subject line.
    [cir] U.S. Mail: Kennon A. Corey, Palm Springs Fish and Wildlife 
Office, Attn: Hinkley HCP, 777 East Tahquitz Canyon Way, Suite 208, 
Palm Springs, CA 92262, Attn: Hinkley HCP.
    [cir] Telephone: Kennon A. Corey, Palm Springs Fish and Wildlife 
Office, (760) 322-2070.

FOR FURTHER INFORMATION CONTACT: Scott Hoffmann, by mail at the U.S. 
Fish and Wildlife Service, 777 East Tahquitz Canyon Way, Suite 208, 
Palm Springs, CA 92262; or by phone at (760) 322-2070.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the receipt and availability of a draft Habitat 
Conservation Plan (HCP) and draft environmental assessment (EA), which 
evaluates the impacts of, and alternatives to, the proposed Hinkley 
Groundwater Remediation Project. The Hinkley HCP was submitted by the 
Pacific Gas & Electric Company (PG&E) in support of an application 
under section 10 of the Endangered Species Act of 1973, as amended 
(ESA), for a permit authorizing the incidental take of covered species 
resulting from covered activities. The proposed Hinkley HCP area 
encompasses approximately 29,927 acres in the southeastern portion of 
San Bernardino County, within the State of California.

Introduction

    Under section 10(c) of the ESA and under the National Environmental 
Policy Act of 1969 (NEPA), this notice advises the public of the 
receipt and availability for public review of the draft Hinkley HCP and 
draft EA, which evaluates the impacts of, and alternatives to, the 
Hinkley HCP, submitted with an application for a permit to authorize 
the incidental take of federally listed covered species resulting from 
covered activities within the plan area. The Service is the Lead Agency 
pursuant to NEPA. The proposed Federal action is issuance to PG&E of an 
incidental take permit (ITP) under section 10(a)(1)(B) of the ESA.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538, 1533, 
respectively). Section 10(a)(1)(B) of the ESA provides for the issuance 
of a permit for the taking of listed fish and wildlife species that is 
incidental to, and not the purpose of, the carrying out of an otherwise 
lawful activity (``incidental take''). The ESA implementing regulations 
extend, under certain circumstances, the prohibition of take to 
threatened species (50 CFR 17.31). Regulations governing permits for 
endangered and threatened species are at 50 CFR 17.22 and 17.32. For 
more about the HCP program, go to http://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.
    Under section 10(a) of the ESA, the Service may issue permits to 
authorize incidental take of listed fish and wildlife species. Section 
10(a)(2)(B) of the ESA contains criteria for issuing ITPs to non-
Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
     The taking will be incidental;
     The applicant will, to the maximum extent practicable, 
minimize and mitigate 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; and
     The applicant will carry out any other measures that the 
Secretary may require as being necessary or appropriate for the 
purposes of the HCP.
    The purpose of issuing an ITP to PG&E would be to permit incidental 
take of the covered species resulting from groundwater remediation 
activities conducted by PG&E and conditioned on PG&E's minimization and 
mitigation of the impacts of such take in accordance with an approved 
Hinkley HCP. Implementation of the Hinkley HCP is intended to maximize 
the benefits of conservation measures for covered species and eliminate 
expensive and time-consuming efforts associated with processing 
individual ITPs for each groundwater remediation project within PG&E's 
plan area.
    The proposed Hinkley HCP includes measures intended to minimize and 
mitigate the impacts of the taking to the maximum extent practicable 
from groundwater remediation activities within the plan area.

Proposed Action

    The proposed action is the issuance of an ITP by the Service to 
PG&E for the

[[Page 60417]]

incidental take of covered species from groundwater remediation 
activities, including the avoidance, minimization, and mitigation of 
impacts to covered species within the 29,927-acre plan area for 50 
years. The proposed Hinkley HCP is a conservation plan for two species, 
the desert tortoise (federally listed as threatened) and the Mohave 
ground squirrel (not currently listed). The groundwater remediation 
activities that will be covered by the ITP include groundwater 
monitoring, freshwater injection into the water table, operation of 
agricultural units for bioremediation, below- and above-ground 
treatments, access road construction, structure demolition, and 
emergency repair of infrastructure. Potential impacts to covered 
species include disruption of normal behavior by covered activities, 
movement of animals away from work areas, and injury or death due to 
construction activities. The Hinkley HCP would provide a comprehensive 
approach to the protection and management of these species and their 
habitat within the plan area.
    The plan area is approximately 29,927 acres, and includes all areas 
within which PG&E is proposing to conduct groundwater remediation 
activities. The plan area is common to both alternatives analyzed in 
the EA, and represents the surface area above the projected maximum 
spatial extent of contaminated groundwater. The plan area also defines 
the maximum spatial extent of surface areas within which PG&E may 
implement groundwater remediation activities, and the maximum spatial 
extent of potential groundwater effects such as drawdown or 
accumulation of remediation byproducts.

Alternatives

    We considered two alternatives in the EA: (1) The Proposed Action 
as described in the HCP, and (2) the No Action alternative. Two other 
alternatives, discussed in the HCP as alternatives considered but not 
utilized, were not carried forward for analysis in the EA. The No 
Action alternative is based on PG&E's continued implementation of 
groundwater remediation activities, consistent with current laws and 
regulations, in areas where take of listed species would be avoided; 
under this alternative we would not issue an ITP.

Request for Comments

    Consistent with section 10(c) of the ESA, we invite your submission 
of written comments, data, or arguments with respect to PG&E's permit 
application, the Hinkley HCP, and proposed permitting decision.

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 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. 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.

Next Steps

    Issuance of an incidental take permit is a Federal proposed action 
subject to compliance with NEPA. We will evaluate the application, 
associated documents, and any public comments we receive to determine 
whether the application meets the requirements of section 10(a) of the 
ESA. If we determine that those requirements are met, we will issue a 
permit to the applicant for the incidental take of the covered species. 
We will make our final permit decision no sooner than 30 days after the 
public comment period closes.

Authority

    We provide this notice under section 10(c) of the ESA (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22 and 17.32) 
and NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6).

G. Mendel Stewart,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2017-27440 Filed 12-19-17; 8:45 am]
 BILLING CODE 4333-15-P

60416 Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices

DEPARTMENT OF THE INTERIOR following locations, by appointment and Background
written request only, 8 a.m. to 4:30 p.m.: Section 9 of the ESA prohibits ‘‘take’’
Fish and Wildlife Service Æ Hinkley IRP Manager Office, 36236 of fish and wildlife species listed as
Serra Rd., Hinkley, CA 92347. endangered under section 4 (16 U.S.C.
[FWS–R8–ES–2017–N148]; Æ PG&E Public Outreach Office,
[FXES11140800000–178–FF08E00000] 1538, 1533, respectively). Section
22999 Community Blvd., Hinkley, CA
10(a)(1)(B) of the ESA provides for the
92347.
Draft Habitat Conservation Plan for the Æ Barstow Library, 304 E Buena Vista issuance of a permit for the taking of
Desert Tortoise and Mohave Ground St, Barstow, CA 92311. listed fish and wildlife species that is
Squirrel and Draft Environmental Submitting Comments: You may incidental to, and not the purpose of,
Assessment; Hinkley Groundwater submit comments by one of the the carrying out of an otherwise lawful
Remediation Project; San Bernardino following methods: activity (‘‘incidental take’’). The ESA
County, California Æ Email: fw8cfwocomments@fws.gov; implementing regulations extend, under
please include ‘‘Hinkley HCP’’ in the certain circumstances, the prohibition of
AGENCY: Fish and Wildlife Service, take to threatened species (50 CFR
Interior. subject line.
Æ U.S. Mail: Kennon A. Corey, Palm 17.31). Regulations governing permits
ACTION: Notice of availability; request Springs Fish and Wildlife Office, Attn: for endangered and threatened species
for public comment. Hinkley HCP, 777 East Tahquitz Canyon are at 50 CFR 17.22 and 17.32. For more
Way, Suite 208, Palm Springs, CA about the HCP program, go to http://
SUMMARY: We, the U.S. Fish and www.fws.gov/endangered/esa-library/
Wildlife Service, announce the receipt 92262, Attn: Hinkley HCP.
Æ Telephone: Kennon A. Corey, Palm pdf/hcp.pdf.
and availability of a draft Habitat Under section 10(a) of the ESA, the
Springs Fish and Wildlife Office, (760)
Conservation Plan (HCP) and draft Service may issue permits to authorize
322–2070.
environmental assessment (EA), which incidental take of listed fish and
FOR FURTHER INFORMATION CONTACT:
evaluates the impacts of, and wildlife species. Section 10(a)(2)(B) of
alternatives to, the proposed Hinkley Scott Hoffmann, by mail at the U.S. Fish
and Wildlife Service, 777 East Tahquitz the ESA contains criteria for issuing
Groundwater Remediation Project. The ITPs to non-Federal entities for the take
Hinkley HCP was submitted by Pacific Canyon Way, Suite 208, Palm Springs,
CA 92262; or by phone at (760) 322– of endangered and threatened species,
Gas & Electric Company (PG&E) in provided the following criteria are met:
2070.
support of an application under the • The taking will be incidental;
Endangered Species Act of 1973, as SUPPLEMENTARY INFORMATION: We, the • The applicant will, to the maximum
amended, for a permit authorizing the U.S. Fish and Wildlife Service (Service), extent practicable, minimize and
incidental take of covered species announce the receipt and availability of mitigate the impact of such taking;
resulting from covered activities. a draft Habitat Conservation Plan (HCP) • The applicant will develop an HCP
PG&E’s application is for a 50-year and draft environmental assessment and ensure that adequate funding for the
incidental take permit to cover (EA), which evaluates the impacts of, plan will be provided;
groundwater remediation activities and alternatives to, the proposed • The taking will not appreciably
within a plan area of approximately Hinkley Groundwater Remediation reduce the likelihood of the survival
29,927 acres in and around Hinkley, Project. The Hinkley HCP was and recovery of the species in the wild;
California. We request review and submitted by the Pacific Gas & Electric and
comment on the Hinkley HCP and the Company (PG&E) in support of an • The applicant will carry out any
draft EA from local, State, and Federal application under section 10 of the other measures that the Secretary may
agencies; Tribes; and the public. Endangered Species Act of 1973, as require as being necessary or
DATES: To ensure consideration, please
amended (ESA), for a permit authorizing appropriate for the purposes of the HCP.
the incidental take of covered species The purpose of issuing an ITP to
send your written comments by January
resulting from covered activities. The PG&E would be to permit incidental
19, 2018.
proposed Hinkley HCP area take of the covered species resulting
ADDRESSES: Obtaining Documents: encompasses approximately 29,927 from groundwater remediation activities
• Internet: You may obtain copies of acres in the southeastern portion of San conducted by PG&E and conditioned on
the Hinkley HCP and draft EA on the Bernardino County, within the State of PG&E’s minimization and mitigation of
Hinkley Groundwater Remediation California. the impacts of such take in accordance
website at https://www.hinkley with an approved Hinkley HCP.
groundwater.com. Introduction
Implementation of the Hinkley HCP is
• U.S. Mail: A limited number of CD– Under section 10(c) of the ESA and intended to maximize the benefits of
ROM and printed copies of the Hinkley under the National Environmental conservation measures for covered
HCP and draft EA and are available, by Policy Act of 1969 (NEPA), this notice species and eliminate expensive and
request, from the Palm Springs Fish and advises the public of the receipt and time-consuming efforts associated with
Wildlife Office at 777 East Tahquitz availability for public review of the draft processing individual ITPs for each
Canyon Way, Suite 208, Palm Springs, Hinkley HCP and draft EA, which groundwater remediation project within
CA 92262; by mail at the Hinkley evaluates the impacts of, and PG&E’s plan area.
Independent Review Panel (IRP) alternatives to, the Hinkley HCP, The proposed Hinkley HCP includes
Manager Office, 36236 Serra Rd., submitted with an application for a measures intended to minimize and
Hinkley, CA 92347; by phone at (714) permit to authorize the incidental take
sradovich on DSK3GMQ082PROD with NOTICES

mitigate the impacts of the taking to the
338–1800; or by email at info@ of federally listed covered species maximum extent practicable from
projectnagivator.com. Please specify resulting from covered activities within groundwater remediation activities
that your request is about the Hinkley the plan area. The Service is the Lead within the plan area.
HCP. Agency pursuant to NEPA. The
• In-Person: Copies of the Hinkley proposed Federal action is issuance to Proposed Action
HCP and draft EA are also available for PG&E of an incidental take permit (ITP) The proposed action is the issuance of
public inspection and review at the under section 10(a)(1)(B) of the ESA. an ITP by the Service to PG&E for the

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Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Notices 60417

incidental take of covered species from application, the Hinkley HCP, and ACTION: Notice of realty action.
groundwater remediation activities, proposed permitting decision.
including the avoidance, minimization, SUMMARY: The Bureau of Land
Public Availability of Comments Management (BLM) is proposing to sell
and mitigation of impacts to covered
species within the 29,927-acre plan area Written comments we receive become 5.93 acres of public land to resolve an
for 50 years. The proposed Hinkley HCP part of the public record associated with unauthorized use and occupancy in
is a conservation plan for two species, this action. Before including your Santa Barbara County, California, to Arc
the desert tortoise (federally listed as address, phone number, email address, Vineyards, LLC, under the Federal Land
threatened) and the Mohave ground or other personal identifying Policy and Management Act of 1976
squirrel (not currently listed). The information in your comment, you (FLPMA), as amended, at not less than
groundwater remediation activities that should be aware that your entire the fair market value of $19,500.
will be covered by the ITP include comment—including your personal DATES: Submit written comments to the
groundwater monitoring, freshwater identifying information—may be made BLM at the address below. Comments
injection into the water table, operation publicly available at any time. While must be received by the BLM on or
of agricultural units for bioremediation, you may request in your comment that before February 5, 2018.
below- and above-ground treatments, we withhold your personal identifying ADDRESSES: Bureau of Land
access road construction, structure information from public review, we Management, Bakersfield Field Office,
demolition, and emergency repair of cannot guarantee that we will be able to 4801 Pegasus Dr., Bakersfield, CA
infrastructure. Potential impacts to do so. All submissions from 93308. Attn: Gabriel Garcia, Field
covered species include disruption of organizations or businesses, and from Manager.
normal behavior by covered activities, individuals identifying themselves as
FOR FURTHER INFORMATION CONTACT:
movement of animals away from work representatives or officials of
Maria Soto, Realty Specialist, 661–391–
areas, and injury or death due to organizations or businesses, will be
6023, at the above address or email to
construction activities. The Hinkley made available for public disclosure in
msoto@blm.gov. Persons who use a
HCP would provide a comprehensive their entirety.
telecommunication device for the deaf
approach to the protection and Next Steps (TDD) may call the Federal Relay
management of these species and their Service (FRS) at 1–800–877–8339 to
Issuance of an incidental take permit
habitat within the plan area. leave a message or question for the
is a Federal proposed action subject to
The plan area is approximately 29,927 compliance with NEPA. We will above individual. FRS is available 24
acres, and includes all areas within evaluate the application, associated hours a day, 7 days a week. Replies are
which PG&E is proposing to conduct documents, and any public comments provided during normal business hours.
groundwater remediation activities. The we receive to determine whether the SUPPLEMENTARY INFORMATION: The
plan area is common to both alternatives application meets the requirements of following described land located in
analyzed in the EA, and represents the section 10(a) of the ESA. If we Santa Barbara County, California, is
surface area above the projected determine that those requirements are proposed for direct sale under the
maximum spatial extent of met, we will issue a permit to the authority of Section 203 of FLPMA (43
contaminated groundwater. The plan applicant for the incidental take of the U.S.C. 1713).
area also defines the maximum spatial covered species. We will make our final San Bernardino Meridian, California
extent of surface areas within which permit decision no sooner than 30 days
PG&E may implement groundwater T. 9 N, R. 33 W,
after the public comment period closes. Sec. 20, lot 1.
remediation activities, and the
maximum spatial extent of potential Authority The area described contains 5.93
groundwater effects such as drawdown We provide this notice under section acres.
or accumulation of remediation 10(c) of the ESA (16 U.S.C. 1531 et seq.) The BLM determined the land is no
byproducts. and its implementing regulations (50 longer required for any other Federal
Alternatives CFR 17.22 and 17.32) and NEPA (42 purpose. A direct sale of this parcel is
U.S.C. 4321 et seq.) and its in conformance with the 1997 Caliente
We considered two alternatives in the implementing regulations (40 CFR Resource Management Plan (RMP), as
EA: (1) The Proposed Action as 1506.6). amended by Environmental Assessment
described in the HCP, and (2) the No DOI–BLM–CA–C060–2012–0021
Action alternative. Two other G. Mendel Stewart, Decision Record signed on July 2, 2014.
alternatives, discussed in the HCP as Field Supervisor, Carlsbad Fish and Wildlife Subsequently, the 2014 Bakersfield RMP
alternatives considered but not utilized, Office, Carlsbad, California. replaced the Caliente RMP. The parcel
were not carried forward for analysis in [FR Doc. 2017–27440 Filed 12–19–17; 8:45 am] was identified as suitable for disposal
the EA. The No Action alternative is BILLING CODE 4333–15–P and sale under Section 203 of FLPMA
based on PG&E’s continued and is limited to the smallest acreage
implementation of groundwater necessary to resolve the unauthorized
remediation activities, consistent with DEPARTMENT OF THE INTERIOR use and occupancy. The BLM found no
current laws and regulations, in areas Bureau of Land Management significant biological or cultural
where take of listed species would be resource values on the lands and
avoided; under this alternative we [LLCAC06000 L14400000 EU0000 17X expects no impacts to resource values
sradovich on DSK3GMQ082PROD with NOTICES

would not issue an ITP. L1109AF; CACA 52759] from this action. An Environmental Site
Assessment has been performed and is
Request for Comments Notice of Realty Action: Proposed
available for review. The sale would
Non-Competitive (Direct) Sale of Public
Consistent with section 10(c) of the dispose of an isolated public land parcel
Land in Santa Barbara County, CA
ESA, we invite your submission of that is difficult to manage because it is
written comments, data, or arguments AGENCY: Bureau of Land Management, completely surrounded by private land
with respect to PG&E’s permit Interior. and there is no legal access, would

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Document Created: 2018-10-25 10:56:39
Document Modified: 2018-10-25 10:56:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of availability; request for public comment.
Dates		To ensure consideration, please send your written comments by January 19, 2018.
Contact		Scott Hoffmann, by mail at the U.S. Fish and Wildlife Service, 777 East Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262; or by phone at (760) 322-2070.
FR Citation		82 FR 60416

82 FR 60416 - Draft Habitat Conservation Plan for the Desert Tortoise and Mohave Ground Squirrel and Draft Environmental Assessment; Hinkley Groundwater Remediation Project; San Bernardino County, California

DEPARTMENT OF THE INTERIORFish and Wildlife Service

Federal Register Volume 82, Issue 243 (December 20, 2017)

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service