Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50239 

Dated: July 13, 2009. 

Cynthia K. Dohner, 

Acting Regional Director. 

[FR Doc. E9–23559 Filed 9–29–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2009–N141; 80221–1112– 

0000–F2] 

Amendment of the Clark County 

Multiple Species Habitat Conservation 

Plan and Issuance of an Amended 

Incidental Take Permit, Clark County, 

NV 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent to prepare an 

Environmental Impact Statement (EIS); 

and notice of public scoping meetings. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are advising 

the public that we intend to gather 

information necessary to prepare an EIS, 

under the National Environmental 

Policy Act (NEPA), on the proposed 

amendment of the Clark County 

Multiple Species Habitat Conservation 

Plan (MSHCP) and Incidental Take 

Permit (ITP). The proposed amendment 

is being prepared under section 

10(a)(1)(B) of the Endangered Species 

Act of 1973, as amended. The 

Permittees are proposing to increase the 

amount of species habitat disturbance 

that is authorized under the existing 

MSHCP and ITP, expand the 

conservation program to minimize and 

mitigate for the increased disturbance, 

reduce the number of covered species, 

and revise the permit term of the 

MSHCP Amendment to 50 years. We 

provide this notice to obtain 

suggestions, comments, and useful 

information from other agencies and the 

public on the scope of the document, 

including the significant issues 

deserving of study, the range of 

alternatives, and the range of impacts to 

be considered. 

DATES: Written comments must be 

received on or before October 30, 2009. 

Four public scoping meetings will be 

held on: 

1. Monday, October 19, 2009, from 6 

p.m. to 8 p.m., Las Vegas, NV. 

2. Wednesday, October 21, 2009, from 

6 p.m. to 8 p.m., Searchlight, NV. 

3. Thursday, October 22, 2009, from 6 

p.m. to 8 p.m., Henderson, NV. 

4. Monday, October 26, 2009, from 6 

p.m. to 8 p.m., Overton, NV. 

ADDRESSES: Public meetings will be 

held at the following locations: 

1. Monday, October 19, 2009, at the 

Clark County Library, Jewel Box 

Theater, 1401 East Flamingo Road, Las 

Vegas, NV 89119. 

2. Wednesday, October 21, 2009, at 

the Searchlight Community Center, 200 

Michael Wendell Way, Searchlight, NV 

89046. 

3. Thursday, October 22, 2009, at the 

PBS&J, 2270 Corporate Circle, 

Henderson, NV 89074. 

4. Monday, October 26, 2009, at the 

Moapa Valley Community Center, 320 

North Moapa Valley Boulevard, 

Overton, NV 89040. 

Information, written comments, or 

questions related to the preparation of 

the EIS and the NEPA process should be 

submitted to Robert D. Williams, 

Nevada Fish and Wildlife Office, 4701 

North Torrey Pines Drive, Las Vegas, NV 

89130, facsimile: 702–515–5231. 

FOR FURTHER INFORMATION CONTACT: Jeri 

Krueger, Habitat Conservation Planning 

Coordinator, Nevada Fish and Wildlife 

Office, 4701 North Torrey Pines Drive, 

Las Vegas, NV 89130; telephone: 702– 

515–5230. 

SUPPLEMENTARY INFORMATION: This 

notice advises the public that the 

Service intends to gather information 

necessary to determine the scope of 

issues and impacts, and to formulate 

alternatives for the EIS related to the 

issuance of an amended ITP to Clark 

County, Nevada; the cities of Boulder 

City, Henderson, Las Vegas, Mesquite, 

and North Las Vegas, Nevada (Cities); 

and the Nevada Department of 

Transportation (NDOT). 

Background 

Section 9 of the Endangered Species 

Act, as amended (Act; 16 U.S.C. 1531 et 

seq.) and Federal regulations prohibit 

the ‘‘take’’ of a fish or wildlife species 

listed as endangered or threatened. 

Under the Act, the following activities 

are defined as take: To harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture or collect listed wildlife species, 

or attempt to engage in such conduct (16 

U.S.C. 1532). However, under section 

10(a)(1)(B) of the Act, we may issue 

permits to authorize ‘‘incidental take’’ of 

listed wildlife species. Incidental take is 

defined by the Act as take that is 

incidental to, and not the purpose of, 

carrying out an otherwise lawful 

activity. Regulations governing permits 

for endangered and threatened species 

are at 50 CFR 17.22 and 50 CFR 17.32, 

respectively. 

Clark County, the Cities, and NDOT 

currently hold a permit for incidental 

take of 78 covered species (Permit # 

TE034927–0), including the Federally 

threatened desert tortoise (Gopherus 

agassizii) and the Federally endangered 

southwestern willow flycatcher 

(Empidonax traillii extimus), by the 

development of up to 145,000 acres in 

Clark County, Nevada. The Notice of 

Availability (65 FR 57366) for the Final 

HCP and EIS was published on 

September 22, 2000. The permit was 

effective as of February 1, 2001, and 

expires on January 31, 2031. Activities 

included in the MSHCP for the 

permitted projects include, but are not 

limited to, residential and commercial 

development, utility and transportation 

facilities and other capital 

improvements and operations activities, 

flood control, development of urban 

parks and recreation facilities. 

Multiple Species Habitat Conservation 

Plan Amendment 

Clark County, the Cities, and NDOT 

intend to request a permit amendment 

for the incidental take of covered 

species on up to 215,000 additional 

acres in Clark County, Nevada. 

Activities proposed to be covered by the 

MSHCP amendment are not likely to 

change from the existing MSHCP, and 

may include, but are not limited to, 

residential and commercial 

development, utility and transportation 

facilities and other capital 

improvements and operations activities, 

flood control, and development of urban 

parks and recreation facilities. 

Section 10(a)(1)(B) of the Act provides 

for permitting non-Federal entities to 

incidentally take threatened and 

endangered species when the entity 

submits a conservation plan that 

specifies: 

(i) The impact which will likely result 

from such taking; 

(ii) What steps the applicant will take 

to minimize and mitigate such impacts, 

and the funding that will be available to 

implement such steps; 

(iii) What alternative actions to such 

taking the applicant considered and the 

reasons why such alternatives are being 

utilized; and 

(iv) Such other measures the Service 

may require as being necessary or 

appropriate for purposes of the plan. 

If the Service finds, after opportunity 

for public comment, with respect to a 

permit application and the related 

conservation plan that: 

(i) The taking will be incidental; 

(ii) The applicant will, to the 

maximum extent practicable, minimize 

and mitigate the impacts of such taking; 

(iii) The applicant will ensure that 

adequate funding for the plan will be 

provided; 

(iv) The taking will not appreciably 

reduce the likelihood of survival and 

recovery of the species in the wild; and 


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50240 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 

(v) The measures, if any, required 

under subparagraph (A)(iv) will be met; 

and the Service has received such other 

assurance as the Service may require 

that the plan will be implemented, the 

Service shall issue the permit. The 

permit shall contain such terms and 

conditions as the Service deems 

necessary or appropriate to carry out the 

purposes of this paragraph, including, 

but not limited to, such reporting 

requirements as the Service deems 

necessary for determining whether such 

terms and conditions are being 

complied with. 

The need for this action is based on 

the potential that activities proposed by 

Clark County, the Cities, and NDOT on 

lands under their respective 

jurisdictions could result in take of 

covered species, thus requiring an ITP. 

The proposed permit would allow 

authorized incidental take that is 

consistent with the conservation 

guidelines in the amended MSHCP. 

Clark County, the Cities, and NDOT 

propose to develop and implement an 

amended MSHCP, as required by 

section 10(a)(2)(A) of the Act. The 

MSHCP would provide measures to 

minimize and mitigate the effects of the 

taking on the covered species and their 

habitats. The amended MSHCP would 

provide long-term protection for the 

covered species and key natural 

communities by maintaining or 

improving the habitat conditions and 

ecosystem functions necessary for their 

survival, and by ensuring that any 

incidental take of the covered species 

would not appreciably reduce the 

likelihood of the survival and recovery 

of those species in the wild. The 

purpose of the scoping meetings is to 

solicit input from the public on the 

issues and alternatives that should be 

addressed in the EIS. We will brief the 

public on the background of the 

MSHCP, alternative proposals under 

consideration for the draft EIS, and our 

role, as well as on the steps that we will 

take to develop the draft EIS for this 

conservation planning effort. At the 

scoping meeting, there will be an 

opportunity for the public to ask 

questions and also to provide written 

comments. 

Clark County, the Cities, and NDOT 

propose that the following species that 

may occur within the proposed 

planning area will be included as 

covered species: desert tortoise, 

southwestern willow flycatcher, Las 

Vegas buckwheat (Eriogonum 

corymbosum var. nilesii), Yuma clapper 

rail (Rallus longirostris yumanensis), 

yellow-billed cuckoo (Coccyzus 

americanus), and Las Vegas bearpoppy 

(Arctomecon californica). Clark County, 

the Cities, and NDOT propose to reduce 

the total number of covered species, 

under the existing permit, but may also 

seek to address and cover additional 

rare and/or sensitive species, in 

addition to the six species listed above, 

that have some likelihood to occur 

within the planning area. The existing 

incidental take permit is for 78 species 

in Clark County, NV. Should any of the 

unlisted covered wildlife species 

become listed under the Act during the 

term of the permit, and the Service finds 

the species are adequately conserved by 

the amended MSHCP, take 

authorization for those species would 

become effective upon listing. Species 

may be added or deleted from the list 

of proposed covered species during the 

course of development of the MSHCP, 

based on further analysis, new 

information, agency consultation, and 

public comment. Numerous other listed 

and sensitive species for which Clark 

County, the Cities, and NDOT do not 

seek permit coverage may also benefit 

from the conservation measures to be 

included in the MSHCP through 

protection of similar or overlapping 

habitat conditions and ecosystem 

functions. 

The MSHCP Amendment planning 

area includes all of Clark County, which 

encompasses about 5 million acres. 

Approximately 87 percent of Clark 

County is Federally managed, 3 percent 

is managed by State and local 

governments, and 10 percent is 

privately owned. 

Environmental Impact Statement 

An EIS will be prepared in 

compliance with the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.) (NEPA). The EIS will 

consider the proposed action, the 

issuance of a section 10(a)(1)(B) permit 

amendment under the Act, No Action 

(no permit amendment), and a 

reasonable range of alternatives. A 

detailed description of the impacts of 

the proposed action and each alternative 

will be included in the EIS. 

The proposed action and alternatives 

will be evaluated against the No Action 

alternative, which assumes that no 

changes or amendments will be made to 

the existing MSHCP and the existing 

permit will remain in effect. Several 

alternatives will be considered and 

analyzed, representing varying levels of 

conservation and impacts. The 

alternatives to be considered for 

analysis in the EIS may include: 

Variations in the scope of covered 

activities; variations in the location, 

amount, and type of conservation; 

variations in permit duration; or a 

combination of these elements. The EIS 

will also identify potentially significant 

direct, indirect, and cumulative impacts 

on biological resources, land use, air 

quality, water quality, water resources, 

socioeconomics, and other 

environmental issues that could occur 

with the implementation of the 

proposed actions and alternatives. For 

all potentially significant impacts, the 

EIS will identify avoidance, 

minimization, and mitigation measures 

to reduce these impacts, where feasible, 

to a level below significance. 

Public Comments 

The primary purpose of the scoping 

process is to identify important issues 

and alternatives raised by the public 

related to the proposed action. Written 

comments from interested parties are 

welcome to ensure that the full range of 

issues related to the permit request is 

identified. Comments will only be 

accepted in written form. You may 

submit written comments by mail or 

facsimile transmission (see ADDRESSES). 

Before including your address, phone 

number, e-mail 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 ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Review of the EIS will be conducted 

in accordance with the requirements of 

NEPA, Council on Environmental 

Quality Regulations (40 CFR 1500– 

1508), the Administrative Procedure Act 

(5 U.S.C. 500 et seq.), other applicable 

regulations, and the Service’s 

procedures for compliance with those 

regulations. This notice is being 

furnished in accordance with 40 CFR 

1501.7 to obtain suggestions and 

information from other agencies and the 

public on the scope of issues and 

alternatives to be addressed in the EIS. 

Reasonable Accommodation 

Persons needing reasonable 

accommodations to attend and 

participate in public meetings should 

contact Jeri Krueger (see FOR FURTHER

INFORMATION CONTACT) as soon as 

possible. To allow sufficient time to 

process requests, please call no later 

than one week before the public 

meeting. Information regarding this 


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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50241 

proposed action is available in 

alternative formats upon request. 

Alexandra Pitts, 

Pacific Southwest Region. 

[FR Doc. E9–23556 Filed 9–29–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Environmental Impact Statements; 

Comprehensive Trail Management Plan 

for Cuyahoga Valley National Park, OH 

AGENCY: National Park Service, Interior. 

ACTION: Notice of Intent To Prepare an 

Environmental Impact Statement for 

Comprehensive Trail Management Plan 

for Cuyahoga Valley National Park, OH. 

SUMMARY: Pursuant to Section 102(2)(C) 

of the National Environmental Policy 

Act of 1969 (42 U.S.C. 4332(2)(C)), the 

National Park Service (NPS) is 

announcing its intent to prepare an 

environmental impact statement (EIS) 

for a comprehensive trail management 

plan (TMP) for the Cuyahoga Valley 

National Park (Park). The TMP will 

evaluate alternatives for long-term 

development, management, 

sustainability, and accessibility of Park 

trails for current and new users as an 

integral part of a larger regional trail 

system. Two metropolitan park districts 

with significant park land holdings and 

trail networks—Cleveland Metroparks 

(CMP) and Metro Parks, Serving Summit 

County (MPSSC)—have agreed to be 

cooperators in the preparation of the 

TMP/EIS. 

DATES: To be most helpful to the 

scoping process, comments should be 

received within 45 days from the date 

this notice is published in the Federal 

Register. 

ADDRESSES: Information will be 

available for public review at Park 

headquarters located at 15610 Vaughn 

Road, Brecksville, Ohio 44141, phone 

(216) 524–1497. The NPS will also make 

background information and 

information on the time and location of 

public meetings available to the public, 

formally solicit input on the TMP/EIS, 

and conduct public meetings through 

the NPS Planning, Environment and 

Public Comment (PEPC) Web site at 

http://parkplanning.nps.gov/cuva, the 

Park’s Web site at http://www.nps.gov/ 

cuva, and local newspapers. 

To facilitate sound analysis of 

environmental impacts, the NPS is 

gathering information necessary for the 

preparation of the TMP/EIS. Suggestions 

on environmental issues to be analyzed 

and alternatives to consider are being 

sought from other Agencies, tribes, 

organizations, and the public. 

Comments and participation in this 

scoping process are invited and 

encouraged. Additionally, any input 

received from stakeholders or the 

general public regarding the 

comprehensive TMP prior to the 

publication of this notice will be fully 

considered during this planning 

process. 

If you wish to comment on the 

scoping materials or on any other issues 

associated with the TMP/EIS, you may 

submit your comments by any one of 

several methods. You may submit your 

comments online through the PEPC Web 

site provided above. Once on the PEPC 

Web site, click on the link titled 

‘‘Comprehensive Trail Management 

Plan.’’ You may also mail comments to 

the NPS at the contact address provided 

above. 

Before including your address, 

telephone number, e-mail address, or 

other personal identifying information 

in your comments, you should be aware 

that your entire comment (including 

your personal identifying information) 

may be made publicly available at any 

time. While you can ask us in your 

comments to withhold your personal 

identifying information from public 

review, we cannot guarantee that we 

will be able to do so. We will make all 

submissions from organizations or 

businesses, from individuals identifying 

themselves as representatives or 

officials, or organizations or businesses 

available for public inspection in their 

entirety. 

Interested Agencies and organizations 

are also invited to arrange meetings to 

provide input directly. Such meetings 

can be arranged by contacting the Park 

at the address and telephone below. 

FOR FURTHER INFORMATION, CONTACT: For 

information concerning the scope of the 

TMP/EIS and to arrange Agency 

meetings, requests should be directed 

to: Kevin Skerl, Ecologist, 15610 

Vaughn Road, Brecksville, Ohio 44141, 

e-mail: kevin_skerl@nps.gov; phone: 

330–650–5071, Ext. 4. 

SUPPLEMENTARY INFORMATION: The Act of 

December 27, 1974 (16 U.S.C. 460ff et. 

seq.), established Cuyahoga Valley 

National Recreation Area (now 

Cuyahoga Valley National Park; Pub. L. 

106–291 § 149) to preserve the scenic, 

natural, and historic setting of the 

Cuyahoga Valley while providing for the 

recreational and educational needs of 

the visiting public. The Park consists of 

approximately 33,000 acres located 

between the cities of Cleveland and 

Akron in Ohio. The Park is among the 

most visited national parks, with 3 

million visitors per year. The primary 

recreational resource is the Park’s trail 

system. More than 125 miles of trails are 

available for use. Hiking, biking, and 

horseback riding are common activities. 

The trail system includes the historic 

Ohio & Erie Canal Towpath Trail that 

passes through the entire park and 

extends further into the Ohio & Erie 

Canal National Heritage Corridor. A 

portion of Ohio’s Buckeye Trail also 

passes through the Park. 

The NPS has, for the most part, 

implemented a 1985 trail plan. A new, 

updated TMP is needed to reflect 

current issues and opportunities, 

including the need to: Reexamine trails 

proposed in the 1985 plan that have not 

yet been built; rehabilitate or replace 

trails that have been partially obliterated 

by severe flood events; modify trail 

alignments; implement new best 

management practices; address 

numerous calls for connections to 

community trail systems; and evaluate 

new trail segments and new trail uses. 

Only 60 percent of the Park is under 

federal protection; over 4,700 acres are 

owned and managed by the CMP and 

over 3,300 acres are owned and 

managed by the MPSSC. Because the 

CMP and the MPSSC are public landholding agencies within the boundary of 

the Park, close coordination with the 

Park on a broad range of cultural and 

natural resource management and 

visitor services activities has occurred 

over the past 30 years, including the 

development of the Park’s first trail plan 

in 1985. 

Dated: September 21, 2009. 

David N. Given, 

Acting Regional Director, Midwest Region. 

[FR Doc. E9–23547 Filed 9–29–09; 8:45 am] 

BILLING CODE 4310–MA–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Public Meeting 

AGENCY: National Park Service, Interior. 

ACTION: Notice of public meeting for the 

National Park Service Alaska Region’s 

Subsistence Resource Commission 

(SRC) program. 

SUMMARY: The Aniakchak National 

Monument Subsistence Resource 

Commission (ANIA SRC) will meet to 

develop and continue work on National 

Park Service (NPS) subsistence hunting 

program recommendations and other 

related subsistence management issues. 

This meeting is open to the public and 

will have time allocated for public 

testimony. The public is welcomed to 


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