68830 Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices 

[FR Doc. E6–20117 Filed 11–27–06; 8:45 am] 

BILLING CODE 4310–10–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Intent To Prepare an 

Environmental Impact Statement/ 

Environmental Impact Report for the 

Habitat Conservation Plan for the 

Occidental of Elk Hills, Inc., Elk Hills 

Oil and Gas Field, Kern County, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of intent. 

SUMMARY: Pursuant to the National 

Environmental Policy Act (NEPA), we, 

the Fish and Wildlife Service (Service), 

are issuing this notice to advise the 

public that we intend to gather 

information necessary to prepare, in 

coordination with the California 

Department of Fish and Game (DFG) 

and Occidental of Elk Hills, Inc. (OEHI), 

a joint Environmental Impact 

Statement/Environmental Impact Report 

(EIS/EIR) on the Habitat Conservation 

Plan for the Elk Hills Oil and Gas field 

(Plan). 

OEHI intends to apply for a 50-year 

Endangered Species Act (ESA) Section 

10 incidental take permit from the 

Service. The permit is needed to 

authorize the incidental take of 

threatened and endangered species that 

could occur as a result of future 

operations of the Elk Hills Oil and Gas 

Field. 

The Service provides this notice to (1) 

describe the proposed action and 

possible alternatives; (2) advise other 

Federal and State agencies, affected 

Tribes, and the public of our intent to 

prepare an EIS/EIR; (3) announce the 

initiation of a public scoping period; 

and (4) obtain suggestions and 

information on the scope of issues to be 

included in the EIS/EIR. 

DATES: Written comments should be 

received on or before December 28, 

2006. 

ADDRESSES: Written comments should 

be submitted to Lori Rinek, Chief, 

Conservation Planning and Recovery 

Division, Fish and Wildlife Service, 

Sacramento Fish and Wildlife Office, 

2800 Cottage Way, W–2605, 

Sacramento, California 95825. 

Comments may also be sent by facsimile 

to 916–414–6713. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Terry, Fish and Wildlife 

Biologist, or Lori Rinek, Chief, 

Conservation Planning and Recovery 

Division, Sacramento Fish and Wildlife 

Office, at 916–414–6600 [see 

ADDRESSES]. 

SUPPLEMENTARY INFORMATION: 

Reasonable Accommodation 

Persons needing reasonable 

accommodations in order to attend and 

participate in the public meeting should 

contact Lori Rinek at 916–414–6600 as 

soon as possible. In order to allow 

sufficient time to process requests, 

please call no later than one week before 

the public meeting. Information 

regarding this proposed action is 

available in alternative formats upon 

request. 

Background 

Section 9 of the ESA and Federal 

regulations prohibit the ‘‘take’’ of 

wildlife species listed as endangered or 

threatened (16 U.S.C. 1538). The ESA 

defines the term ‘‘take’’ as: to harass, 

harm, pursue, hunt, shoot, wound, kill, 

trap, capture, or collect listed species, or 

to attempt to engage in such conduct (16 

U.S.C. 1532). Harm includes significant 

habitat modification or degradation that 

actually kills or injures listed wildlife 

by significantly impairing essential 

behavioral patterns, including breeding, 

feeding, and sheltering [50 CFR 17.3(c)]. 

Pursuant to section 10(a)(1)(B) of the 

ESA, the Service may issue an 

‘‘incidental take permit’’ to take listed 

species if such taking is incidental to, 

and not the purpose of, otherwise lawful 

activities. Regulations governing 

permits for threatened species and 

endangered species, respectively, area at 

50 CFR 17.32 and 50 CFR 17.22. 

Although take of listed plant species 

is not prohibited under the ESA, and 

therefore cannot be authorized under an 

incidental take permit, plant species 

may be included on a permit in 

recognition of the conservation benefits 

provided to them under a habitat 

conservation plan. All species included 

on an incidental take permit would 

receive assurances under the FWS’ ‘‘No 

Surprises’’ regulation [50 CFR 

17.22(b)(5) and 17.32(b)(5)]. 

Species proposed for coverage in the 

HCP are species that are currently listed 

as federally threatened or endangered or 

have the potential to become listed 

during the life of this HCP and have 

some likelihood to occur within the 

project area. Should unlisted covered 

wildlife species become listed under the 

ESA during the term of the permit, take 

authorization for those species would 

become effective upon listing. The 

specific federally listed endangered 

species proposed for coverage in this 

HCP are: the giant kangaroo rat 

(Dipodomys ingens), San Joaquin kit fox 

(Vulpes macrotis mutica), Tipon 

kangaroo rat (Dipodomys nitratoides 

nitratoides), Buena Vista shrew (Sorex 

ornatus relictus), blunt-nosed leopard 

lizard (Gambelia sila), Kern mallow 

(Eremalche kernensis), and San Joaquin 

woolly-threads (Lembertia congdonii). 

The specific unlisted species proposed 

for coverage in the HCP are: the San 

Joaquin antelope squirrel 

(Ammospermophilus nelsoni), shortnosed kangaroo rat (Dipodomys 

nitratoides brevinasus, San Joaquin 

LeConte’s thrasher (Toxostoma lecontei 

macmillanoura), western burrowing owl 

(Athene cunicularia hypugea), Tejon 

poppy (Eschscholzia lemmonii ssp. 

kernensis), oil nestraw (Stylocline 

citroleum, and heartscale (Atriplex 

cordulata). Species may be added or 

deleted during the course of the 

development of the Plan based on 

further analysis, new information, ageny 

consultation, and public comment. 

The Federal government established 

the Elk Hills Oil and Gas Field in 1912 

for national defense purposes as part of 

the Naval Petroleum Reserves (NPR). It 

was then referred to as ‘‘NPR–1’’ and 

operated by the U.S. Department of 

Energy (DOE). Given the potential 

effects of operating NPR–1 on listed 

species, DOE engaged in several formal 

consultations with the Service under 

section 7 of the ESA, resulting in the 

issuance by the Service of several 

Biological Opinions (the most recent 

opinion was completed in 1995). 

Congress directed DOE to sell NPR–1 in 

the National Defense Authorization Act 

for Fiscal year 1996 and authorized DOE 

to transfer the Incidental Take 

Statement contained in the 1995 

Biological Opinion to the purchase of 

NPR–1. OEHI (the purchaser) is 

approaching the limit to take authorized 

in the 1995 Biological Opinion and 

therefore has applied for authorization 

for additional incidental take through 

this HCP. 

The Plan area is located in the Elk 

Hills, 26 miles southwest of Bakersfield, 

California, and includes oil and gas 

reserves on the 47,729-acre Elk Hills Oil 

and Gas Field and a contiguous 2-milewide HCP Permit Area around the 

perimeter of the oil and gas field. The 

HCP would result in the permanent 

disturbance of up to 4,000 acres and the 

temporary disturbance of up to 3,000 

acres of presently undisturbed land in 

the Elk Hills. The proposed duration of 

the HCP and the incidental take permit 

would be 50 years. The HCP would 

establish a 7,801-acre conservation area 

and habitat management program 

located on the northern and southern 

edges of the Elk Hills. 


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Federal Register / Vol. 71, No. 228 / Tuesday, November 28, 2006 / Notices 68831 

Implementation activities that may be 

covered under the Plan include all 

activities associated with ongoing and 

new oil and gas production operations, 

including but not limited to: (1) 

Construction, operation, and 

maintenance of production facilities; (2) 

surface excavations; (3) activities 

required by the California Division of 

Oil, Gas and Geothermal Resources; (4) 

construction and operation of related 

facilities; (5) installation, maintenance, 

and repair of perimeter and interior 

fencing; (6) transmission lines; (7) 

emergency response and environmental 

remediation; (8) livestock grazing; (9) 

regulatory agency requirements; (10) 

recreational and educational activities; 

(11) scientific research; (12) 

implementation of conservation 

program; (13) maintenance of off-site 

facilities; and (14) construction of offsite facilities. 

The effects of the covered activities on 

the covered species are proposed to be 

minimized and mitigated through 

implementation of a detailed 

conservation program that will be fully 

described in the HCP. Components of 

the proposed conservation program may 

include: avoidance and minimization 

measures, monitoring, adaptive 

management, and mitigation measures 

consisting of preservation, restoration, 

and enhancement of habitat. 

Environmental Impact Statement/ 

Report 

The EIS/EIR will consider the 

proposed action, the issuance of an ESA 

incidental take permit, no action (no 

permit), and a reasonable range of 

alternatives. A detailed description of 

the proposed action and alternatives 

will be included in the EIS/EIR. The 

alternatives to be considered for 

analysis in the EIS/EIR may include: 

modified lists of covered species, land 

coverage areas, and intensity of future 

development. The EIS/EIR will also 

identify potentially significant impacts 

on biological resources, land use, air 

quality, water quality, water resources, 

economics, and other environmental 

resource issues that could occur directly 

or indirectly with implementation of the 

proposed action and alternatives. 

Different strategies for minimizing and 

mitigating the impacts of incidental take 

may also be considered. 

Environmental review of the EIS/EIR 

will be conducted in accordance with 

the requirements of NEPA (42 U.S.C. 

4321 et seq.), it s implementing 

regulations (40 CFR parts 1500–1508), 

other applicable regulations, and 

Service procedures for compliance with 

those regulations. This notice is being 

furnished in accordance with 40 CFR 

1501.7 and 1508.22 to obtain 

suggestions and information from other 

agencies and the public on the scope of 

issues and alternatives to be addressed 

in the EIS/EIR. The primary purpose of 

the scoping process is to identify 

important issues raised by the public 

related to the proposed action. Written 

comments from interested parties are 

invited to ensure that the full range of 

issues related to the permit application 

is identified. Comments will only be 

accepted in written form. You may 

submit written comments by mail, 

facsimile transmission, or in person (see 

ADDRESSES). All comments received, 

including names and addresses, will 

become part of the official 

administrative record and may be made 

available to the public. 

Our practice is to make comments, 

including names, home addresses, home 

phone numbers, and e-mail addresses of 

respondents, available for public 

review. Individual respondents may 

request that we withhold their names 

and/or homes addresses, etc., but if you 

wish us to consider withholding this 

information you must state this 

prominently at the beginning of your 

comments. In addition, you must 

present a rationale for withholding this 

information. This rationale must 

demonstrate that disclosure would 

constitute a clearly unwarranted 

invasion of privacy. Unsupported 

assertions will not meet this burden. In 

the absence of exceptional, 

documentable circumstances, this 

information will be released. We will 

always make submissions from 

organization or businesses, and from 

individuals identifying themselves as 

representatives of or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Dated: November 17, 2006. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, California. 

[FR Doc. 06–9410 Filed 11–27–06; 8:45 am] 

BILLING CODE 4310–55–M 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Proposed Extension of the 

Absaloka Coal Mine on the Crow 

Indian Reservation, Big Horn County, 

MT 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice advises the public 

that the Bureau of Indian Affairs (BIA) 

and the Montana Department of 

Environmental Quality (MDEQ) as joint 

Lead Agencies, with the Crow Tribe of 

Indians, the Office of Surface Mining 

Reclamation and Enforcement (OSMRE), 

the Environmental Protection Agency 

(EPA), and the Bureau of Land 

Management (BLM), as Cooperating 

Agencies, intend to gather information 

necessary for preparing an 

Environmental Impact Statement (EIS) 

for the proposed Extension of the 

Absaloka Coal Mine on the Crow Indian 

Reservation, Montana. The proposed 

BIA action, taken under the Indian 

Mineral Development Act, is the 

approval of a coal lease by the Crow 

Tribe to Westmoreland Resources Inc. 

(WRI) and associated approval of 

allotted Indian and Crow tribal surface 

estate use agreements. In addition, the 

OSMRE will use this EIS to support a 

decision on the application for a surface 

mining permit to be filed by WRI 

involving the same acreage, commonly 

known as the Absaloka Mine ‘‘South 

Extension;’’ the MDEQ will use it in 

considering approval of permit revisions 

to facilitate mining of coal adjacent to 

the South Extension that is presently 

under the Absaloka Mine, which MDEQ 

administers; and the EPA may use the 

EIS in considering issuance of National 

Pollutant Discharge Elimination System 

permits for any point source water 

discharges on the Reservation. The 

purpose of this project is to extend the 

operating life of the Absaloka Mine and 

continue to provide an economic base 

for the Crow Tribe, while providing an 

energy source for the generation of 

electricity at distant power plants. This 

notice also announces a public scoping 

meeting to identify potential issues and 

alternatives to be considered in the EIS. 

DATES: Written comments concerning 

the scope and implementation of the 

proposed action must arrive by 

December 26, 2006. The public scoping 

meeting will be held Thursday, 

December 14, 2006, from 7 p.m. to 9 

p.m., or until all those who wish to 

make statements have been heard. 

ADDRESSES: You may mail, hand carry 

or telefax written comments to either (1) 

Rick Stefanic, Supervisory 

Environmental Specialist, Bureau of 

Indian Affairs, Rocky Mountain 

Regional Office, 316 N. 26th St., 

Billings, Montana 59101, telefax (406) 

247–7976; or (2) Edward Lone Fight, 

Superintendent, Crow Agency, P.O. Box 

69, Crow Agency, Montana 59022, 

telefax (406) 638–2380. 

The public scoping meeting will be 

held in room 301 of the Big Horn 


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