1994 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 

who are to respond, including through 

the use of appropriate automated 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

HUD encourages interested parties to 

submit comment in response to these 

questions. 

C. Authority 

Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

Chapter 35. 

The Principal Deputy Assistant 

Secretary for Policy Development and 

Research, Michael J. Marshall, having 

reviewed and approved this document, 

is delegating the authority to 

electronically sign this document to 

submitter, Nacheshia Foxx, who is the 

Federal Register Liaison for HUD, for 

purposes of publication in the Federal 

Register. 

Nacheshia Foxx, 

Federal Register Liaison for the Department 

of Housing and Urban Development. 

[FR Doc. 2021–00251 Filed 1–8–21; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R1–ES–2019–0091; FXES111

40100000–212–FF01E00000] 

Record of Decision for the Final 

Environmental Impact Statement for 

the Deschutes Basin Habitat 

Conservation Plan, Klamath, 

Deschutes, Jefferson, Crook, Wasco, 

and Sherman Counties, Oregon 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; record of 

decision and habitat conservation plan. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of a record of decision 

(ROD) for the proposed issuance of an 

Endangered Species Act (ESA) permit 

for the Deschutes Basin Habitat 

Conservation Plan (HCP). The ROD 

documents the Service’s decision to 

issue an incidental take permit (ITP) to 

the Deschutes Basin Board of Control 

(DBBC)’s eight-member irrigation 

districts, and the City of Prineville 

(applicants). As summarized in the 

ROD, the Service has selected 

Alternative 2—the Proposed Action, 

which includes implementation of the 

HCP and issuance of a 30-year ITP 

authorizing take of two threatened 

species listed under the ESA that may 

occur incidental to covered activities in 

the plan area over the permit term. 

ADDRESSES: You may obtain copies of 

the ROD and other documents 

associated with the decision by the 

following methods. 

• Internet: http://www.regulations.gov 

under Docket No. FWS–R1–ES–2019– 

0091, or at https://www.fws.gov/ 

Oregonfwo/articles.cfm?id=149489716. 

• Upon Request: You may request 

alternative formats of the documents 

directly from the Service (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Bridget Moran, by telephone at 541– 

383–7146, or by email at bridget_

moran@fws.gov. Hearing or speech 

impaired individuals may call the 

Federal Relay Service at 800–877–8339 

for TTY assistance. 

SUPPLEMENTARY INFORMATION: We, the 

U.S. Fish and Wildlife Service (Service), 

announce the availability of a record of 

decision (ROD) for the proposed 

issuance of an Endangered Species Act 

(ESA) section 10(a)(1)(B) incidental take 

permit (ITP) to the Deschutes Basin 

Board of Control (DBBC) member 

districts (Arnold, Central Oregon, Lone 

Pine, North Unit, Ochoco, Swalley, 

Three Sisters, and Tumalo Irrigation 

Districts) and the City of Prineville 

(collectively referred to as the 

applicants) in Klamath, Deschutes, 

Jefferson, Crook, Wasco, and Sherman 

Counties, Oregon. The ROD documents 

the Service’s decision to issue an ITP to 

the applicants. As summarized in the 

ROD, the Service has selected 

Alternative 2, the Proposed Action 

(described below), which includes 

implementation of a Habitat 

Conservation Plan (HCP) and issuance 

of the ITP authorizing incidental take of 

the federally threatened Oregon spotted 

frog (Rana pretiosa) and the threatened 

bull trout (Salvelinus confluentus) over 

a 30-year period. The applicants have 

also requested a separate ITP covering 

take of the federally threatened Middle 

Columbia River steelhead trout 

(Oncorhynchus mykiss) and the nonlisted sockeye salmon (O. nerka) from 

the National Marine Fisheries Service 

(NMFS). The Service and NMFS 

(jointly, the Services) make independent 

decisions regarding coverage for 

incidental take of the species under 

their respective jurisdictions. NMFS’s 

decision is not addressed in the 

Service’s ROD. 

We are advising the public of the 

availability of the ROD, developed in 

compliance with agency decisionmaking requirements of the National 

Environmental Policy Act of 1969, as 

amended (NEPA), and the final HCP as 

submitted by the applicants. The 

Service published a notice of 

availability (NOA) of the Draft EIS in the 

Federal Register on October 4, 2019 (84 

FR 53164), and jointly published a NOA 

of the Final EIS with NMFS on 

November 6, 2020 (85 FR 71086). All 

alternatives were described in detail, 

evaluated, and analyzed in the Draft and 

Final EIS. As the EIS was developed 

prior to the September 14, 2020, 

effective date for the Council on 

Environmental Quality’s updated NEPA 

regulations, the Final EIS and ROD were 

completed consistent with the previous 

regulations (40 CFR 1506.13). 

Background 

All eight water districts are quasimunicipal corporations formed and 

operated according to Oregon State law 

to distribute water to irrigators (patrons) 

within designated geographic 

boundaries and in accordance with the 

individual water rights held by those 

patrons. The City of Prineville operates 

City-owned infrastructure and provides 

essential services—including public 

safety, municipal water supply, and 

sewage treatment—for more than 9,000 

residents. The applicants have 

determined that continued operation of 

irrigation and essential services 

(covered activities) requires ITPs to 

address unavoidable incidental take of 

species listed under the ESA (covered 

species), which is ongoing. 

The applicants have proposed a 

conservation program to avoid, 

minimize, and mitigate the impacts of 

taking of the covered species. The HCP 

addresses the adverse effects of the 

covered activities on the covered 

species by reducing or eliminating those 

effects to the maximum extent 

practicable, and by mitigating effects 

that cannot be eliminated altogether. In 

general, adverse effects on listed species 

can result from direct harm or injury of 

individuals of the species, and through 

changes in habitat that interfere with the 

essential life activities of the species. 


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Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Notices 1995 

Both types of effects are addressed in 

the HCP conservation measures. The 

covered activities affect the covered 

species primarily through changes in 

the hydrology (flow) of occupied waters 

associated with the storage, release, 

diversion, and return of irrigation water. 

In the course of storing, releasing, 

diverting, and returning irrigation water, 

the applicants alter the hydrology of the 

Deschutes River and a number of its 

tributaries. In a similar fashion, the 

pumping of groundwater for municipal 

water supply by the City of Prineville 

affects the hydrology in one of those 

tributaries, the Crooked River. In most 

cases, the hydrologic changes resulting 

from activities covered by the HCP have 

adverse impacts on aquatic habitats for 

the covered species. When flows are 

reduced, the total area of usable habitat 

for aquatic species generally decreases 

and water temperatures typically 

increase to the extent that habitat 

quality is negatively impacted. The HCP 

conservation measures will modify 

irrigation activities that reduce instream flow (storage and diversion of 

water) to address the adverse effects 

described above. As a result, with 

implementation of the HCP, flows in the 

affected reaches will be higher than they 

were historically (over the last 50+ 

years) in the winter, and provide 

improved habitat quality for the covered 

species. 

Purpose and Need 

As described in the Final EIS, the 

Service’s purpose for the Federal action 

is to fulfill our section 10(a)(1)(B) 

conservation authorities and 

obligations. The need for our action is 

to respond to the ITP application 

submitted by the applicants requesting 

take of the Oregon spotted frog and bull 

trout, the two species under the 

Service’s jurisdiction. 

Alternatives 

In compliance with NEPA (42 U.S.C. 

4321 et seq.), the Service prepared a 

Final EIS analyzing the proposed action 

(Alternative 2, identified as the 

preferred alternative), a no-action 

alternative, and two additional 

alternatives to the proposed action; 

summaries of each alternative are 

presented below. The Final EIS 

analyzed both the Service’s proposed 

issuance of an ITP and NMFS’s 

proposed issuance of an ITP. The 

environmental consequences of each 

alternative were analyzed to determine 

if significant impacts to the human 

environment would occur. Public 

comments received in response to the 

Draft EIS were considered, and the Final 

EIS reflected clarifications of the 

existing analysis to address public 

comments. The Final EIS did not 

identify an environmentally preferable 

alternative. Pursuant to NEPA 

implementing regulations found at 40 

CFR 1505.2, the Service identified 

Alternative 3 (Enhanced Variable 

Streamflows) as the environmentally 

preferable alternative in the ROD. 

Alternative 1—No-action Alternative: 

No ITPs would be issued, and the 

applicants’ HCP would not be 

implemented. Under Alternative 1, 

ongoing applicant activities would 

remain subject to the take prohibition 

for listed species under section 9 of the 

ESA. This alternative assumes 

continuation of actions covered in an 

ESA section 7 biological opinion issued 

to the Bureau of Reclamation addressing 

the effects of water management 

activities in the Upper Deschutes River 

Basin to the Oregon spotted frog, and 

continuation of actions covered in other 

ESA section 7 consultation documents 

addressing the effects of Deschutes 

River Basin projects to the Middle 

Columbia River steelhead trout and the 

bull trout. 

Alternative 2—Proposed Action, 

Deschutes Basin HCP: Under this 

alternative, identified as the preferred 

alternative in the Final EIS, the Service 

would issue a 30-year ITP to the 

applicants for incidental take of the two 

covered species under its jurisdiction, 

NMFS would issue a separate ITP for 

incidental take of the two covered 

species under its jurisdiction, and the 

applicants would implement the HCP. 

Over the 30-year period of HCP 

implementation, in-stream flows would 

be modified to mimic more natural flow 

patterns to support the various life 

stages of the covered species. The HCP 

also includes the establishment of 

conservation funds to support habitat 

restoration and enhancement projects, 

as well as additional funding for instream water leasing programs. 

Alternative 3—Enhanced Variable 

Streamflows: Under this alternative, the 

Services would issue ITPs to the 

applicants for the same plan area, 

covered lands and waters, covered 

species, covered activities, and permit 

term as described for the proposed 

action, but with modifications to the 

HCP conservation strategy, including 

increased fall and winter flows in the 

Deschutes River below Wickiup Dam, 

and in-stream protection of 

uncontracted water releases on the 

Crooked River for fish and wildlife. 

Alternative 4—Accelerated Schedule 

for Enhanced Variable Streamflows: 

Under this alternative, the Services 

would issue ITPs to the applicants for 

the same plan area, covered lands and 

waters, covered species, and covered 

activities as described for the proposed 

action, but with a 20-year permit term 

and modifications to the HCP 

conservation strategy for an accelerated 

schedule for increases in fall and winter 

flows in the Deschutes River below 

Wickiup Dam, and in-stream protection 

of additional uncontracted water 

releases on the Crooked River for fish 

and wildlife. 

Decision and Rationale for Decision 

Based on our review of the 

alternatives and their environmental 

consequences as described in the Final 

EIS, we have selected the Proposed 

Action (Alternative 2). The Proposed 

Action includes the implementation of 

the final HCP and the Service’s issuance 

of an ITP authorizing incidental take of 

the two covered species under the 

Service’s jurisdiction for a 30-year 

permit term. Our assessment of the 

application was conducted in 

accordance with the requirements of 

section 10(a)(1)(B) of the ESA and its 

implementing regulations. In order to 

issue an ITP for covered species under 

the ESA, we must determine that the 

HCP meets the issuance criteria set forth 

in 16 U.S.C. 1539(a)(2)(B). We have 

made the determination that the HCP 

meets this criteria, as described further 

in the ROD. 

Authority 

We provide this notice in accordance 

with the requirements of section 10(c) of 

the ESA (16 U.S.C. 1539(c)) and its 

implementing regulations (50 CFR 

17.32), and NEPA (42 U.S.C. 4321 et 

seq.) and its implementing regulations 

(40 CFR 1506.6; 43 CFR part 46). 

Robyn Thorson, 

Regional Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2021–00304 Filed 1–8–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R3–FAC–2020–N122; FF03F22900/ 

FRFR481203YA200/XXX; OMB Control 

Number 1018–New] 

Agency Information Collection 

Activities; Online Program 

Management System for Carbon 

Dioxide-Carp 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of information collection; 

request for comment. 


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