13818 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices 

Dated: March 2, 2007. 

Lisa J. Lierheimer, 

Senior Permit Biologist, Branch of Permits, 

Division of Management Authority. 

[FR Doc. E7–5364 Filed 3–22–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

Notice of Availability of a Final 

Environmental Impact Statement/ 

Environmental Impact Report for the 

Pacific Gas & Electric Company San 

Joaquin Valley Operations and 

Maintenance Program Habitat 

Conservation Plan, San Joaquin 

Valley, CA 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: This notice announces the 

availability of the Pacific Gas & Electric 

Company San Joaquin Valley 

Operations and Maintenance Program 

Final Habitat Conservation Plan (Plan), 

Implementing Agreement (IA), and the 

final Environmental Impact Statement/ 

Environmental Impact Report (EIS/EIR) 

for public review and comment. The 

Fish and Wildlife Service (Service) is 

considering the proposed action of 

issuing a 30-year permit, pursuant to 

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

Species Act of 1973 as amended (ESA), 

for take of 65 species (covered species) 

in response to receipt of an application 

from Pacific Gas & Electric Company 

(PG&E). The proposed permit would 

authorize take of individual members of 

animal species listed under the ESA. 

The permit is needed because take of 

species could occur during routine 

operations and maintenance activities 

and minor construction on PG&E’s gas 

and electrical distribution facilities, and 

other activities associated with the 

implementation of the final Plan. These 

covered activities are to occur within a 

12.1 million-acre planning area located 

in the San Joaquin Valley, California. 

The final Plan describes the actions and 

the measures PG&E will implement to 

minimize and mitigate take of the 

covered species. 

DATES: A permit decision will occur no 

sooner than April 23, 2007. Written 

comments on the final documents must 

be received on or before this date. 

ADDRESSES: Send written comments on 

the final documents to Lori Rinek, 

Division Chief, Conservation Planning 

and Recovery Division, Sacramento Fish 

and Wildlife Office, 2800 Cottage Way, 

Room W–2605, Sacramento, California 

95825; facsimile 916–414–6713. 

FOR FURTHER INFORMATION CONTACT: 

Nina Bicknese, Senior Fish and Wildlife 

Biologist, or Lori Rinek, Division Chief, 

Conservation Planning and Recovery, 

Sacramento Fish and Wildlife Office, 

telephone 916–414–6600. 

SUPPLEMENTARY INFORMATION: 

Availability of Documents 

Copies of the final EIS/EIR, the Plan, 

and the IA may be obtained by 

contacting Nina Bicknese [see FOR

FURTHER INFORMATION CONTACT]. 

Documents also will be available for 

public review, by appointment, during 

regular business hours at the 

Sacramento Fish and Wildlife Office 

[see ADDRESSES]. 

Background Information 

Section 9 of the ESA (16 U.S.C. 1538) 

and implementing regulations prohibit 

the ‘‘take’’ of fish and wildlife species 

listed as endangered or threatened. The 

term ‘‘take’’ is defined under the ESA to 

mean harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct (16 U.S.C. 1532). ‘‘Harm’’ is 

defined by Service regulation to include 

significant habitat modification or 

degradation where it actually kills or 

injures listed wildlife by significantly 

impairing essential behavioral patterns, 

including breeding, feeding, and 

sheltering (50 CFR 17.3(c)). Under 

limited circumstances, the Service may 

issue permits to authorize ‘‘incidental 

take’’ of listed 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. Regulations governing 

incidental take permits for threatened 

and endangered species are found at 50 

CFR 17.32 and 17.22, respectively. 

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. The applicant, PG&E, 

would receive assurances under the 

Services ‘‘No Surprises’’ regulation 50 

CFR 17.22(b)(5) and 17.32(b)(5) for all 

species, including plants, identified on 

the incidental take permit. 

PG&E seeks a 30-year permit for 

incidental take, which may result from 

specific PG&E activities (covered 

activities) within a 12.1 million-acre 

planning area covering portions of nine 

counties in the California San Joaquin 

Valley: San Joaquin, Stanislaus, Merced, 

Fresno, Kings, Kern, Mariposa, Madera, 

and Tulare counties. However, the 

majority of impacts are likely to occur 

on approximately 276,000 acres. Annual 

impacts to covered species and their 

habitats are expected to be limited to 

approximately 43 acres. Covered 

activities are defined in the Plan to 

include routine operations and 

maintenance activities and minor 

construction on PG&E’s gas and 

electrical transmission and distribution 

facilities, and the management and 

monitoring of compensation lands. 

PG&E has requested a take permit for 65 

covered species, 31 of which are 

currently listed as threatened or 

endangered under the ESA and 34 that 

are currently unlisted. Of these 65 

species, PG&E requests a permit and 

assurances for 23 animal species and 

assurances for 42 plant species. 

Covered species include 8 wildlife 

species, currently listed as endangered 

under the ESA [vernal pool tadpole 

shrimp (Lepidurus packardi), bluntnosed leopard lizard (Gambelia sila), 

Buena Vista Lake shrew (Sorex ornatus 

relictus), riparian brush rabbit 

(Sylvilagus bachmani riparius), riparian 

(San Joaquin Valley) woodrat (Neotoma 

fuscipes riparia), Tipton kangaroo rat 

(Dipodomys nitratoides nitratoides), 

giant kangaroo rat (Dipodomys ingens), 

San Joaquin kit fox (Vulpes macrotis 

mutica)], 10 plant species, currently 

listed as endangered under the ESA 

[large-flowered fiddleneck (Amsinckia 

grandiflora), California jewelflower 

(Caulanthus californicus), palmatebracted bird’s-beak (Cordylanthus 

palmatus), Kern mallow (Eremalche 

kernensis), San Joaquin woollythreads 

(Monolopia [Lembertia] congdonii), 

Bakersfield cactus (Opuntia basilaris 

var. treleasei), hairy Orcutt grass 

(Orcuttia pilosa), Hartweg’s golden 

sunburst (Pseudobahia bahiifolia), 

Keck’s checkerbloom (Sidalcea keckii), 

and Greene’s tuctoria (Tuctoria 

greenei)], and 6 wildlife species 

currently listed as threatened under the 

ESA [vernal pool fairy shrimp 

(Branchinecta lynchi), Valley elderberry 

longhorn beetle (Desmocerus 

californicus dimorphus), California tiger 

salamander (Ambystoma californiense), 

California red-legged frog (Rana aurora 

draytonii), giant garter snake 

(Thamnophis gigas), bald eagle 

(Haliaeetus leucocephalus)], 7 plant 

species currently listed as threatened 

under the ESA [Mariposa pussypaws 

(Calyptridium pulchellum), succulent 

owl’s-clover (Castilleja campestris ssp. 

succulenta), Hoover’s spurge 

(Chamaesyce hooveri), Springville 

clarkia (Clarkia springvillensis), Colusa 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices 13819 

grass (Neostapfia colusana), San Joaquin 

Valley Orcutt grass (Orcuttia 

inaequalis), San Joaquin adobe sunburst 

(Pseudobahia peirsonii)]. 

Covered species also include plants 

and animals that are not listed under the 

ESA at the current time, including 9 

wildlife species [midvalley fairy shrimp 

(Branchinecta mesovallensis), limestone 

salamander (Hydromantes brunus), 

Swainson’s hawk (Buteo swainsoni), 

white-tailed kite (Elanus leucurus), 

golden eagle (Aquila chrysaetos), 

western burrowing owl (Athene 

cunicularia hypugea), bank swallow 

(Riparia riparia), tricolored blackbird 

(Agelaius tricolor), and San Joaquin 

(Nelson’s) antelope squirrel 

(Ammospermophilus nelsoni)], and 25 

plant species [lesser saltscale (Atriplex 

minuscula), Bakersfield smallscale 

(Atriplex tularensis), big tarplant 

(Blepharizonia plumose ssp. plumosa), 

tree-anemone (Carpenteria californica), 

slough thistle (Cirsium crassicaule), 

Mariposa clarkia (Clarkia biloba ssp. 

australis), Merced clarkia (Clarkia 

lingulata), Vasek’s clarkia (Clarkia 

tembloriensis ssp. calientensis), hispid 

bird’s-beak (Cordylanthus mollis ssp. 

hispidus), Congdon’s woolly sunflower 

(Eriophyllum congdonii), Delta buttoncelery (Eryngium racemosum), striped 

adobe lily (Fritillaria striata), Boggs 

Lake hedge-hyssop (Gratiola 

heterosepala), pale-yellow layia (Layia 

heterotricha), Comanche Point layia 

(Layia leucopappa), legenere (Legenere 

limosa), Panoche peppergrass (Lepidium 

jaredii ssp. album), Congdon’s lewisia 

(Lewisia congdonii), Mason’s lilaeopsis 

(Lilaeopsis masonii), Mariposa lupine 

(Lupinus citrinus var. deflexus), showy 

madia (Madia radiata), Hall’s bush 

mallow (Malacothamnus hallii), 

pincushion navarretia (Navarretia 

myersii ssp. myersii), oil neststraw 

(Stylocline citroleum), Kings gold 

(Twisselmannia californica)]. 

If the proposed Plan is approved and 

the permit issued, take authorization for 

listed covered wildlife species would be 

effective at the time of permit issuance. 

Take of the unlisted covered wildlife 

species would be authorized concurrent 

with the species’ listing under the ESA, 

should they be listed during the 

duration of the incidental take permit. 

PG&E proposes to minimize and 

mitigate incidental take of, and effects 

to, covered species associated with the 

covered activities described in the Plan. 

The proposed Plan is intended to be a 

comprehensive document, providing for 

regional species conservation and 

habitat planning, while allowing PG&E 

to better manage routine operations and 

maintenance activities and minor 

construction for PG&E’s gas and 

electrical transmission and distribution 

facilities. The proposed Plan is also 

intended to provide a coordinated 

process for permitting and mitigating 

the take of covered species as an 

alternative to the current project-byproject approach. 

In order to comply with the 

requirements of the ESA, the proposed 

Plan addresses a number of elements, 

including: goals and objectives; 

evaluation of the effects of covered 

activities on covered species, including 

indirect and cumulative effects; a 

conservation strategy; a monitoring and 

adaptive management program, with 

descriptions of changed circumstances 

and remedial measures; identification of 

funding sources; and an assessment of 

alternatives to the take of listed species 

expected under the proposed action. 

The proposed Plan’s conservation 

strategy was designed to minimize and 

mitigate the impacts of covered 

activities, contribute to the recovery of 

listed covered species, and protect and 

enhance populations of unlisted 

covered species. A monitoring and 

reporting plan gauges the proposed 

Plan’s success based on achievement of 

biological goals and objectives. The 

proposed Plan’s adaptive management 

program allows for changes in the 

conservation strategy if the biological 

species objectives are not met, or new 

information becomes available to 

improve the efficacy of the Plan’s 

conservation strategy. 

The proposed Plan’s conservation 

strategy uses three mechanisms to 

address the potential effects of PG&E 

covered-activities on covered species 

and their habitat: Avoidance and 

minimization measures, surveys to 

assess potential impacts on particular 

species, when warranted; and 

compensation for impacts that cannot be 

avoided. Pre-activity surveys will be 

conducted before any activity begins 

that has the potential to disturb 0.1 acre 

or more of habitat in an area of natural 

vegetation. Pre-activity surveys will be 

conducted for activities with the 

potential to disturb 0.1 acre or less of 

natural habitat when they occur in 

wetlands, vernal pools, or other areas of 

known sensitivity, including designated 

occupied habitat, or when covered 

species are known to be present. Where 

impacts cannot be avoided, the Plan 

provides a systematic process for 

compensation of temporary and 

permanent losses. All permanent losses 

of habitat, suitable for one or more of 

the covered species, will be 

compensated at a 3:1 ratio (3 acres 

created, restored, or conserved for every 

acre lost), and temporary losses of 

suitable habitat will be compensated at 

a ratio of 0.5:1. Permanent and 

temporary loss of wetlands, including 

vernal pools, will be compensated at a 

3:1 ratio using existing mitigation banks. 

Compensation lands must offer habitat 

characteristics similar to those of the 

lands disturbed or lost. Several 

approaches may be used to provide 

appropriate compensation lands: PG&E 

purchase of conservation lands, 

purchase of mitigation credits from 

existing mitigation banks, establishment 

of conservation easements on lands 

currently in PG&E ownership, and 

purchase of conservation easements on 

non-PG&E lands. Compensation will be 

proposed by PG&E in advance and then 

approved by the Service and the 

California Department of Fish and Game 

(CDFG) in 5-year increments to ensure 

timely and continuous compensation. 

National Environmental Policy Act 

Compliance 

The issuance of an incidental take 

permit triggers the need for compliance 

with the National Environmental Policy 

Act (NEPA) and the California 

Environmental Quality Act (CEQA). 

Accordingly, a joint NEPA/CEQA 

document has been prepared. The 

Service is the Lead Agency responsible 

for compliance under NEPA, and the 

CDFG is the Lead Agency with 

responsibility for compliance with 

CEQA. The Service published a notice 

in the Federal Register on June 23, 2006 

(71 FR 36132) announcing receipt of an 

application for an incidental take permit 

from PG&E based on the proposed Plan 

and the availability of a draft EIS/EIR for 

the application. The Service received 

six comment letters on that draft EIS/ 

EIR. A response to each comment 

received in these letters has been 

included in the final EIS/EIR. As NEPA 

lead agency, the Service is now 

providing notice of the availability of 

the final EIS/EIR. The final EIS/EIR 

includes an analysis of the potential 

environmental impacts, which may 

result from the Federal action of 

authorizing incidental take anticipated 

to occur with the implementation of the 

proposed Plan. The final EIS/EIR also 

analyzed three alternatives in addition 

to the proposed Plan. Each alternative 

includes the same Federal components 

as the proposed Plan (i.e., approval of 

the Plan, IA, and issuance of an 

incidental take permit). The 

conservation strategy of all three 

alternatives incorporated avoidance and 

minimization measures, pre-activity 

surveys, and compensation for impacts 

that cannot be avoided. The alternatives 

and the proposed Plan differed in the 

details of their conservation strategies. 


sroberts on PROD1PC70 with NOTICES
13820 Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / Notices 

The three alternatives are described 

below. 

Alternative 1 (Plan with Reduced 

Take) would require a more 

comprehensive implementation of 

avoidance and minimization measures 

than the proposed Plan. Specifically, 

under Alternative 1, avoidance and 

minimization measures would be 

implemented for all activities, including 

all small disturbance activities. These 

additional requirements would reduce 

take below the level anticipated under 

the proposed Plan. Compensation ratios 

for habitat loss or disturbance would be 

the same as those for the proposed Plan. 

Alternative 2 (Plan with Enhanced 

Compensation) would provide 

enhanced compensation for impacts that 

cannot be avoided. Under Alternative 2, 

both permanent and temporary losses of 

suitable habitat would be compensated 

at a 3:1 ratio. Loss of wetlands, 

including vernal pools, would be 

compensated at a 3:1 ratio if 

compensation is accomplished through 

an existing mitigation bank, and at a 6:1 

ratio if compensation takes place 

outside existing banks. Avoidance, 

minimization measures, and thresholds 

for implementation of avoidance and 

minimization measures would be the 

same as those for the proposed Plan. 

Alternative 3 (Plan with Reduced 

Number of Covered Species) would 

cover fewer species than the proposed 

Plan. The following species covered 

under the proposed Plan would not be 

covered under Alternative 3: the vernal 

pool crustaceans, limestone salamander, 

California red-legged frog, giant garter 

snake, bank swallow, tricolored 

blackbird, Buena Vista Lake shrew, 

riparian brush rabbit, riparian woodrat, 

Tipton kangaroo rat, and 11 plant 

species. This alternative would focus on 

those species that are currently Federal 

or State listed and have been identified 

as having more than 2 acres of habitat 

likely to be disturbed by operations or 

maintenance activities each year. 

Avoidance and minimization measures, 

thresholds for implementation of 

avoidance and minimization measures, 

and habitat compensation would be the 

same as the proposed Plan. 

Under the No-Action/No-Project 

alternative, the proposed Plan would 

not be adopted, and a permit pursuant 

to Section 10(a)(1)(B) of the ESA would 

not be issued by the Service. 

Compliance with the ESA would 

continue to be addressed on a case-bycase basis. 

The final EIS/EIR is intended to 

accomplish the following: inform the 

public of the proposed Plan and the 

alternatives, address public comments 

received on the draft EIS/EIR; disclose 

the direct, indirect, and cumulative 

environmental effects of the proposed 

action and each of the alternatives; and 

indicate any irreversible commitment of 

resources that would result from the 

implementation of the proposed Plan. 

Public Review 

The Service and PG&E invite the 

public to review the final EIS/EIR, 

proposed Plan, and the IA during a 30- 

day review period beginning on the date 

of this notice. Written comments from 

interested parties are welcome to ensure 

that the issues of public concern related 

to the proposed action are identified. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at the office listed in the 

ADDRESSES section of this notice. All 

comments and materials received, 

including names and addresses, will 

become part of the administrative record 

and may be released to the public. Our 

practice is to make comments, including 

names, home addresses, home phone 

numbers, and email 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. 

We provide this notice in order to 

allow the public, agencies, or other 

organizations to review and comment 

on these final documents prior to our 

decision, pursuant to section 10(a) of 

the ESA and NEPA implementing 

regulations (40 CFR 1506.6 and 

1506.10). The Service will evaluate the 

permit application, the associated final 

documents, and public comments 

submitted thereon to prepare a public 

Record of Decision (40 CFR 1505.2). No 

Federal decision on the permit will be 

made until at least 30 days after 

publication of this notice and 

subsequent issuance of the Record of 

Decision. 

Dated: March 13, 2007. 

Ken McDermond, 

Deputy Manager, California/Nevada 

Operations Office, Sacramento, California. 

[FR Doc. E7–5334 Filed 3–22–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

List of Programs Eligible for Inclusion 

in Fiscal Year 2007 Funding 

Agreements With Self-Governance 

Tribes 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), publish this notice to 

list programs or portions of our 

programs that are eligible for inclusion 

in Fiscal Year 2007 funding agreements 

with self-governance tribes, and to list 

programmatic targets pursuant to 

section 405(c)(4) of the Tribal SelfGovernance Act. 

DATES: This notice expires on 

September 30, 2007. 

ADDRESSES: Direct any inquiries or 

comments about this notice to the 

American Indian Liaison Office, U.S. 

Fish and Wildlife Service, 1849 C Street, 

NW., Washington, DC 20240. 

FOR FURTHER INFORMATION: For questions 

regarding self-governance, contact 

Patrick Durham, Native American 

Liaison, U.S. Fish and Wildlife Service, 

1849 C Street, NW., Washington, DC 

20240; telephone, 202–208–4133; fax 

202–208–3524. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Title II of the Indian SelfDetermination Act Amendments of 1994 

(Pub. L. 103–413, the ‘‘Tribal SelfGovernance Act’’ or the ‘‘Act’’) 

instituted a permanent self-governance 

program at the Department of the 

Interior (DOI). Under the selfgovernance program, certain programs, 

services, functions, and activities, or 

portions thereof, in DOI bureaus other 

than the Bureau of Indian Affairs (BIA) 

are eligible to be planned, conducted, 

consolidated, and administered by a 

self-governance tribal government. 

Under section 405(c) of the Act, the 

Secretary of the Interior is required to 

publish annually: (1) A list of non-BIA 

programs, services, functions, and 

activities, or portions thereof, that are 

eligible for inclusion in agreements 

negotiated under the self-governance 


sroberts on PROD1PC70 with NOTICES