[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Notices]
[Pages 3326-3327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01145]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2021-0120; FXES11130800000-212-FF08ENVS00]


Habitat Conservation Plan for Warm Springs Natural Area and 
Hidden Valley Property, Clark County, Nevada; Receipt of Incidental 
Take Permit Application, Draft Low-Effect Habitat Conservation Plan, 
and Draft Environmental Compliance Documentation

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
receipt and availability of an application for an incidental take 
permit (ITP) under the Endangered Species Act (ESA) and an associated 
draft low-effect habitat conservation plan (HCP). Additionally, 
consistent with the requirements of the National Environmental Policy 
Act (NEPA), we have prepared a draft low-effect screening form and 
environmental action statement supporting our preliminary determination 
that the proposed permit action qualifies for a categorical exclusion 
under NEPA. The Southern Nevada Water Authority has applied for an ITP 
under the ESA for the HCP for Warm Springs Natural Area and Hidden 
Valley Property in Clark County, Nevada. The ITP would authorize the 
take of seven species incidental to the development, construction and 
operation of the project. We invite the public and local, State, 
Tribal, and Federal agencies to comment on the permit application, 
proposed low-effect HCP, and NEPA categorical exclusion determination 
documentation. Before issuing the requested ITP, we will take into 
consideration any information that we receive during the public comment 
period.

DATES: Written comments must be received on or before February 22, 
2022.

ADDRESSES: 
    Obtaining Documents: The documents announced by this notice, as 
well as any comments and other materials that we receive, will be 
available for public inspection in Docket No. FWS-R8-ES-2021-0120 at 
https://www.regulations.gov.
    Submitting Comments: To send written comments, please use one of 
the following methods and identify to which document your comments are 
in reference--the draft HCP or NEPA compliance documentation.
    <bullet> Internet: Submit comments at https://www.regulations.gov 
under Docket No. FWS-R8-ES-2021-0120.
    <bullet> U.S. Mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2021-0120; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    For more information, see Public Comments and Public Availability 
of Comments under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Glen W. Knowles, Field Supervisor, 
Southern Nevada Fish and Wildlife Office, by phone at 702-515-5244 or 
via the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: We, the Service, announce the receipt of a 
permit application from the Southern Nevada Water Authority 
(applicant), for a 15-year ITP under section 10(a)(1)(B) of the ESA, as 
amended (16 U.S.C. 1531 et seq.). Application for the permit requires 
the preparation of an HCP with measures to avoid, minimize, and 
mitigate the impacts of incidental take of endangered, threatened, or 
candidate species to the maximum extent practicable. The applicant 
prepared the draft low-effect HCP for Warm Springs Natural Area and 
Hidden Valley Property pursuant to section 10(a)(1)(B) of the ESA.
    The Service's consideration of issuing an ITP also requires 
evaluation of its potential impacts on the natural and

[[Page 3327]]

human environment in accordance with NEPA (42 U.S.C. 4321 et seq.). The 
Service has prepared a low-effect screening form and environmental 
action statement (categorical exclusion, or CatEx documentation), 
pursuant to NEPA and its implementing regulations in the Code of 
Federal Regulations (CFR) at 40 CFR 1501.4, to preliminarily determine 
if the proposed HCP qualifies as a low-effect HCP, eligible for a 
categorical exclusion.

Background

    Except for permitted exceptions, section 9 of the ESA (16 U.S.C. 
1538 et seq.) prohibits the taking of fish and wildlife species listed 
as endangered under section 4 of the ESA; by regulation, take of 
certain species listed as threatened is also prohibited (16 U.S.C. 
1533(d); 50 CFR 17.31). Regulations governing the permitted exception 
for allowable incidental take of endangered and threatened species are 
at 50 CFR 17.22 and 17.32. For more about the Federal habitat 
conservation HCP program, go to: https://www.fws.gov/endangered/esa-library/pdf/hcp.pdf.

National Environmental Policy Act Compliance

    The proposed permit issuance triggers the need for compliance with 
the NEPA. The draft CatEx documentation was prepared to determine if 
issuance of an ITP, based on the draft HCP, would only have 
individually or cumulatively minor or negligible effects on the species 
covered in the HCP, as well as on other environmental values or 
resources, and would therefore qualify as a low-effect HCP not subject 
to further environmental analysis under NEPA.

Proposed Action

    Under the proposed action, the Service would issue a permit to the 
applicant for a period of 15 years for covered activities (described 
below) related to the management and restoration of the Warm Springs 
Natural Area (WSNA) and the Hidden Valley Property (HVP). Covered 
species include the federally endangered Moapa dace (Moapa coriacea), 
federally endangered Yuma Ridgway's rail (Rallus obsoletus yumanensis), 
federally endangered southwestern willow flycatcher (Empidonax traillii 
extimus), federally threatened yellow-billed cuckoo (Coccyzus 
americanus), a candidate for listing under the ESA, the monarch 
butterfly (Danaus plexippus), and two unlisted species, the Moapa White 
River springfish (Crenichthys baileyi moapae) and the Virgin River chub 
(Gila seminuda).

Habitat Conservation Plan Area

    The geographic scope of this draft HCP area encompasses 7.2 stream 
miles (6.1 miles at WSNA and 1.1 miles at HVP) and 1,401 acres (1,250 
at WSNA and 151 at HVP) Clark County, Nevada.

Covered Activities

    The proposed section 10(a) permit would allow incidental take of 
four covered species, one candidate for listing, from covered 
activities in the proposed HCP area. Two unlisted species would also be 
identified and addressed in the permit should they ever become listed. 
The applicant is requesting incidental take authorization for covered 
activities pertaining to the management and restoration of the WSNA and 
HVP, including but not limited to reconnection of channels, streams, 
and tributaries, bank and channel stabilization, beaver management, 
fish passage improvements, invasive aquatic species management, 
invasive plant management, clearing vegetation from streams, 
installation of Moapa dace habitat structures, Moapa dace snorkel 
surveys, fire and fuels management, pumping water for irrigation, dust 
control and fire suppression, operation of vehicles and maintenance 
equipment, general public access, property tours, field trips and 
school groups, neighbor outreach, volunteer planting events, and 
research. The applicant has also proposed spring pool restoration and 
enhancement, construction and enhancement of wetlands, restoration and 
enhancement of riparian habitat, and restoration and enhancement of 
mesquite and upland habitat. For each of the covered activities, the 
applicant has outlined best management practices in the HCP to minimize 
and mitigate for direct impacts to covered species. The proposed 
actions will result in temporary loss of habitat at the WSNA and HVP in 
Clark County, Nevada.

Public Comments

    We request data, comments, new information, or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, Tribes, industry, or any other interested party on the draft 
HCP and associated documents. If you wish to comment, you may submit 
comments by either of the methods in ADDRESSES.

Public Availability of Comments

    Any comments we receive will become part of the decision 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 can 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 a permit is a Federal proposed action subject to 
compliance with NEPA and section 7 of the ESA. We will evaluate the 
permit application, the HCP, associated documents, and any public 
comments we receive during the comment period 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 conduct an intra-
Service consultation under section 7 of the ESA for the Federal action 
and for the potential issuance of an ITP. If the intra-Service 
consultation confirms that issuance of the permit will not jeopardize 
the continued existence of any endangered or threatened species, or 
destroy or adversely modify critical habitat, we will issue a permit to 
the applicant for the incidental take of the covered species.

Authority

    We provide this notice under 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. 4371 et seq.) and NEPA implementing regulations (40 CFR 1501.4).

Glen W. Knowles,
Field Supervisor, Southern Nevada Fish and Wildlife Office, U.S. Fish 
and Wildlife Service, Las Vegas, Nevada.
[FR Doc. 2022-01145 Filed 1-20-22; 8:45 am]
BILLING CODE 4333-15-P