Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices 48241 

INTER-AMERICAN FOUNDATION 

Sunshine Act Meetings 

TIME AND DATE: August 30, 2021, 2:00 

p.m.–3:00 p.m. 

PLACE: Via tele-conference. 

STATUS: Meeting of the IAF Board of 

Director, closed to the public as 

provided for by 22 CFR 1004.4(b) 

MATTERS TO BE CONSIDERED: 

D Executive Session 

CONTACT PERSON FOR MORE INFORMATION: 

Aswathi Zachariah, General Counsel, 

(202) 683–7118. 

For Dial-in Information Contact: 

Karen Vargas, Board Liaison, (202) 524– 

8869. 

The Inter-American Foundation is 

holding this meeting under the 

Government in the Sunshine Act, 5 

U.S.C. 552(b). 

Aswathi Zachariah, 

General Counsel. 

[FR Doc. 2021–18569 Filed 8–25–21; 11:15 am] 

BILLING CODE 7025–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[Docket No. FWS–R8–ES–2021–0094; 

FF08ESMF00–FXES11140800000–212] 

DifWind VII & IX Reclamation Project, 

Alameda County, California; Draft 

Categorical Exclusion and Draft 

Habitat Conservation Plan 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability of permit 

application; request for comment. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce the receipt 

of an application from DifWind Farms 

Limited VII and DifWind Farms Limited 

IX (collectively, the applicants) for a 6- 

year incidental take permit under the 

Endangered Species Act (ESA), along 

with the applicants’ draft habitat 

conservation plan. We also announce 

the availability of the associated draft 

National Environmental Policy Act 

categorical exclusion screening form. 

The applicants have applied for an 

incidental take permit under the ESA 

for the DifWind VII & IX Reclamation 

Project in Alameda County, California. 

The permit would authorize the take of 

two species incidental to the 

reclamation of a decommissioned 

commercial wind energy project. We 

invite the public and local, State, Tribal, 

and Federal agencies to comment on the 

application and related documents. 

Before issuing the requested permit, we 

will take into consideration any 

information that we receive during the 

public comment period. 

DATES: We must receive your written 

comments on or before September 27, 

2021. 

ADDRESSES: 

Obtaining Documents: The draft 

categorical exclusion screening form 

(CatEx), draft habitat conservation plan 

(HCP), and any comments and other 

materials that we receive are available 

for public inspection at http://

www.regulations.gov in Docket No. 

FWS–R8–ES–2021–0094. 

Submitting Comments: To submit 

comments, please use one of the 

following methods, and note that your 

information requests or comments are in 

reference to the draft CatEx, draft HCP, 

or both. 

• Internet: Submit comments at 

http://www.regulations.gov under 

Docket No. FWS–R8–ES–2021–0094. 

• U.S. Mail: Public Comments 

Processing, Attn: Docket No. FWS–R8– 

ES–2021–0094; 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. 

FOR FURTHER INFORMATION CONTACT: 

Vincent Griego, Fish and Wildlife 

Biologist, or Ryan Olah, Chief, Coast 

Bay Division, Fish and Wildlife Service, 

Sacramento Fish and Wildlife Office, by 

phone at 916–414–6600 or via the 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: We, the 

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

announce the receipt of an application 

from DifWind Farms Limited VII, and 

DifWind Farms Limited IX (collectively, 

the applicants), for a 6-year incidental 

take permit (ITP) under the Endangered 

Species Act of 1973, as amended (ESA; 

16 U.S.C. 1531 et seq.), along with the 

applicants’ draft habitat conservation 

plan. We also announce the availability 

of the associated draft National 

Environmental Policy Act categorical 

exclusion screening form (NEPA; 42 

U.S.C. 4321 et seq.). The applicants 

have applied for an incidental take 

permit under the ESA for the DifWind 

VII & IX Reclamation Project in 

Alameda County, California. The permit 

would authorize the take of two species 

incidental to the reclamation of a 

decommissioned commercial wind 

energy project. We invite the public and 

local, State, Tribal, and Federal agencies 

to comment on the application and 

related documents. Before issuing the 

requested permit, we will take into 

consideration any information that we 

receive during the public comment 

period. 

An ITP application requires the 

preparation of an HCP with measures to 

avoid, minimize, and mitigate the 

impacts of incidental take to the 

maximum extent practicable. The 

applicants prepared and submitted for 

Service review their Draft DifWind VII 

& IX Reclamation Project Habitat 

Conservation Plan (HCP) pursuant to 

section 10(a)(1)(B) of the ESA. The 

Service then prepared a draft categorical 

exclusion screening form consistent 

with the National Environmental Policy 

Act of 1969, as amended (NEPA; 42 

U.S.C. 4321 et seq.), and its 

implementing regulations in the Code of 

Federal Regulations (CFR) at 40 CFR 

1501.4, and now is making it available 

in accordance with provisions within 40 

CFR 1506.6. The purpose of the 

screening form is to confirm that the 

agency action is within a category of 

actions previously determined, pursuant 

to agency NEPA procedures, not to 

normally have significant effects on the 

natural and human environment, and 

thus does not require further NEPA 

evaluation, and that there are no 

extraordinary circumstances that 

indicate that an otherwise-excluded 

action may warrant further NEPA 

evaluation. 

Background 

Section 9 of the ESA (16 U.S.C. 1531– 

1544 et seq.) and Federal regulations (50 

CFR 17) prohibit the taking of fish and 

wildlife species listed as endangered or 

threatened under section 4 of the ESA. 

Regulations governing allowable 

exceptions to prohibited take of 

endangered and threatened species via 

permits are at 50 CFR 17.22 and 17.32. 

For more about the Federal habitat 

conservation plan program, go to http:// 

www.fws.gov/endangered/esa-library/ 

pdf/hcp.pdf. 

National Environmental Policy Act 

Compliance 

The proposed permit issuance triggers 

the need for compliance with NEPA. 

The draft CatEx was prepared to analyze 

the impacts of issuing an ITP based on 

the draft HCP and to inform the public 

of the proposed action, any alternatives, 

and associated impacts, and to disclose 

any irreversible commitments of 

resources. The draft CatEx further 

confirms if an action is within a 

category of categorically excluded 

activities indicating further NEPA 

evaluation is not necessary. 


lotter on DSK11XQN23PROD with NOTICES1
48242 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices 

Proposed Action Alternative 

Under the proposed action 

alternative, the Service would issue an 

ITP to the applicants for a period of 6 

years for certain covered activities 

(described below). The applicants have 

requested an ITP for two covered 

species (described below), which are 

listed as threatened under the ESA. 

Covered Activities 

The proposed ESA section 10 ITP 

would allow take of two covered species 

from covered activities in the proposed 

HCP area. The applicants are requesting 

incidental take authorization to 

complete the decommissioning and 

removal of a wind energy project 

originally installed in the 1980s and 

1990s. The applicants have completed 

non-ground-disturbing work, including 

the removal of wind turbine blades, 

nacelles, turbine towers, transformers, 

meteorological masts, and other minor 

aboveground facilities. Under the HCP, 

the applicants would complete the 

decommissioning and removal of 

approximately 14 miscellaneous 

concrete pads, 17 junction boxes, 308 

turbine foundations, 41 concrete padmount transformer pads, and would 

restore approximately 14.7 miles of 

access roads. The applicants seeks a 

6-year permit to match the projected 

time necessary to complete the activities 

associated with this proposed 

decommissioning and reclamation 

project, including ground-disturbing 

activities, and remedial actions, if 

necessary, to ensure restoration of the 

project site. 

The applicants propose actions to 

avoid, minimize, and mitigate the 

effects to the Covered Species associated 

with the Covered Activities through the 

implementation of the HCP. The 

proposed mitigation measures in the 

HCP closely follow the avoidance and 

minimization measures outlined in the 

East Alameda Conservation Strategy 

(EACCS). The measures generally 

require preconstruction surveys; 

avoidance and monitoring during 

construction; and best management 

practices for restoration of Covered 

Species habitat. 

Covered Species 

The California tiger salamander 

(Ambystoma californiense) (central 

California distinct population segment), 

and the California red-legged frog (Rana 

draytonii), both federally listed as 

threatened, are proposed to be included 

as covered species in the proposed HCP. 

Alternatives 

In addition to the proposed action 

alternative in the applicant’s HCP, as 

required by the ESA, the HCP considers 

several alternatives to such action’s 

potential taking: (1) The No-Take 

Alternative; (2) the Reduced Take 

Alternative, and (3) an Other 

Alternative. 

No-Action Alternative 

Under the no-action alternative, the 

Service would not issue an ITP to the 

applicants, and the reclamation would 

not be completed. The no-action 

alternative is not feasible, based on the 

purpose and need of the project. The 

existing wind energy project has been 

partially decommissioned, but the 

applicants are responsible for 

comprehensive decommissioning and 

reclamation activities. Ground 

disturbance during the final phases of 

decommissioning/reclamation activities 

is unavoidable, along with plausible 

incidental take of covered species. For 

these reasons, the no-action alternative 

has been rejected. 

Reduced Take Alternative 

Under the reduced take alternative, 

the applicants considered only 

removing turbine foundations that were 

located further away from aquatic 

habitat for the covered species. The 

Service would issue a permit, and the 

applicants would implement the 

proposed mitigation measures. While 

this reduced take alternative would 

reduce the amount of California tiger 

salamander and California red-legged 

frog habitat affected, it was determined 

to be infeasible because the applicants 

have previous agreements with the 

landowner to remove all project 

components during decommissioning. 

The applicants would not be able to 

meet their obligations with landowners 

under this alternative, so the reduced 

take alternative was rejected. 

Other Alternative 

The applicants also considered 

restoring fewer miles of roads as an 

alternative. The Service would issue a 

permit, and the applicants would 

implement the proposed mitigation 

measures. While this other alternative 

would reduce by a very small amount 

the amount of California tiger 

salamander and California red-legged 

frog habitat initially affected, the longterm value of rehabilitating areas for 

future habitat would be lost. 

Additionally, it was determined to be 

generally infeasible because the 

applicants have previous agreements 

with the landowner to remove all 

project components during 

decommissioning. So for these reasons, 

the reduced take alternative was 

rejected. 

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 this notice, the draft CatEx, and 

the draft HCP. We particularly seek 

comments on the following: 

(1) Biological information concerning 

the species; 

(2) Relevant data concerning the 

species; 

(3) Additional information concerning 

the range, distribution, population size, 

and population trends of the species; 

(4) Current or planned activities in the 

subject area and their possible impacts 

on the species; and 

(5) The presence of archeological 

sites, buildings and structures, historic 

events, sacred and traditional areas, and 

other historic preservation concerns, 

which are required to be considered in 

project planning by the National 

Historic Preservation Act; and 

(6) Any other environmental issues 

that should be considered with regard to 

the proposed development and permit 

action. 

Public Availability of Comments 

Before including your address, phone 

number, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—might be made 

publicly available at any time. While 

you can 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. 

Next Steps 

Issuance of an ITP is a Federal 

proposed action subject to compliance 

with NEPA and section 7 of the ESA. 

We will evaluate the application, 

associated documents, and any public 

comments we receive 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 for the potential issuance of an 

ITP. If the intra-Service consultation 

confirms that issuance of the ITP 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 California tiger salamander and 

California red-legged frog from the 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices 48243 

implementation of the covered activities 

described in the draft HCP. We will 

make the final permit decision no 

sooner than 30 days after publication of 

this notice in the Federal Register. 

Authority 

We publish this notice in compliance 

with section 10(c) of the Endangered 

Species Act (16 U.S.C. 1531–1544 et 

seq.) and its implementing regulations 

at 40 CFR 17.22 and 17.32; and in 

furtherance of objectives under the 

National Environmental Policy Act of 

1969, as amended (42 U.S.C. 4321–4347 

et seq.), and its implementing 

regulations at 40 CFR 1500–1508. 

Kim S. Turner, 

Acting Field Supervisor, Sacramento Fish and 

Wildlife Office, Sacramento, California. 

[FR Doc. 2021–18449 Filed 8–26–21; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R2–ES–2020–N156; 

FXES11140200000–212–FF02ENEH00] 

Application for an Incidental Take 

Permit; Habitat Conservation Plan and 

Draft Environmental Assessment for 

Wildhorse Mountain Wind Project, 

Pushmataha County, Oklahoma 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

availability of a draft environmental 

assessment (dEA) under the National 

Environmental Policy Act (NEPA), and 

application for an incidental take permit 

(ITP) supported by a habitat 

conservation plan (HCP) for the 

operation of an existing wind facility, 

the Wildhorse Mountain Wind project 

(project), in Pushmataha County, 

Oklahoma. Wildhorse Wind Energy, 

LLC (Applicant) has applied for an ITP 

under the Endangered Species Act of 

1973, as amended. The requested ITP, 

which would be in effect for a period of 

30 years, if granted, would cover 

incidental take of the federally 

endangered Indiana bat and threatened 

northern long-eared bat. The potential 

incidental take would be associated 

with activities associated with the 

operation of the existing wind project. 

We invite public comments on the 

permit application, proposed HCP, and 

dEA. 

DATES: Submission of Comments: We 

will accept comments received or 

postmarked on or before September 27, 

2021. 

ADDRESSES: 

Obtaining documents: The documents 

this notice announces are available for 

public inspection by any of the 

following means. 

Internet: You may obtain electronic 

copies of the dEA and HCP on the 

Oklahoma Field Office website at http:// 

www.fws.gov/southwest/es/oklahoma/. 

U.S. Mail: You may obtain the 

documents at the following addresses. 

In your request for documents, please 

note that your request is in reference to 

the Wildhorse Mountain Wind Project 

HCP and dEA. 

• EA and HCP: A limited number of 

CD–ROM and printed copies of the EA 

and HCP are available, by request, from 

Ken Collins, Acting Field Supervisor, 

Oklahoma Ecological Services Field 

Office, Tulsa OK, telephone 918–581– 

7458. 

• The ITP application is available by 

mail from the Regional Director, U.S. 

Fish and Wildlife Service, P.O. Box 

1306, Room 6034, Albuquerque, NM 

87103. 

Submitting Comments 

You may submit written comments by 

one of the following methods: 

• Email: okes_nepa@fws.gov; or 

• Facsimile: 918–581–7467, Attn: 

OKES Wildhorse Mountain Wind 

Project HCP EA. 

• U.S. mail: Field Supervisor, 

Oklahoma Ecological Services Field 

Office, 9014 East 21st Street, Tulsa, 

Oklahoma 74129–1428. 

Please specify that your information 

request or comments concern the 

Wildhorse Mountain Wind Project EA/ 

HCP. 

FOR FURTHER INFORMATION CONTACT: Ken 

Collins, by U.S. mail at the U.S. Fish 

and Wildlife Service, Oklahoma 

Ecological Services Field Office (at the 

Tulsa street address above), or by phone 

at 918–581–7458. If you use a 

telecommunications device for the deaf 

(TDD), please call the Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: The 

Applicant has applied to the Service for 

an ITP under section 10(a)(1)(B) of the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.). 

The requested ITP, which would be in 

effect for a period of 30 years, if granted, 

would authorize incidental take of the 

federally endangered Indiana bat 

(Myotis sodalis) and threatened northern 

long-eared bat (Myotis septentrionalis) 

during the operation of an existing wind 

facility in Pushmataha County, 

Oklahoma. 

In total, the plan area is 13,731.6 

acres, including the 13,641.6-acre wind 

facility and an off-site mitigation area 

(90 acres of contiguous forested habitat 

in Pushmataha County). The facility, 

constructed in 2019, consists of 29 wind 

turbines, with a total generating 

capacity of 100 megawatts. 

Activities potentially causing take 

include the operation of the existing 29 

wind turbines. The Applicant has 

proposed a HCP that would be 

implemented to address project impacts 

to the Indiana bat and northern longeared bat. 

We are notifying the public of the 

Applicant’s proposal of an HCP and 

request to the Service for an ITP to cover 

incidental take of the Indiana bat and 

northern long-eared bat associated with 

the operation of the Wildhorse 

Mountain Wind facility. In addition, we 

are notifying the public of the Service’s 

preparation of a dEA regarding impacts 

of the requested action or feasible 

alternatives, of an opportunity for 

public comment on our action, and of 

our intention to finalize the 

environmental assessment after 

consideration of public comment. 

Background 

Section 9 of the ESA prohibits ‘‘take’’ 

of fish and wildlife species listed as 

endangered or threatened (16 U.S.C. 

1531–1544). Under section 3 of the ESA, 

the term ‘‘take’’ means to 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(19)). The term ‘‘harm’’ is further 

defined by regulation as an act which 

actually kills or injures wildlife. Such 

acts may include significant habitat 

modification or degradation where it 

actually kills or injures wildlife by 

significantly impairing essential 

behavioral patterns, including breeding, 

feeding, or sheltering (50 CFR 17.3). 

Under section 10(a)(1)(B) of the ESA, 

the Secretary of the Interior may 

authorize the taking of federally listed 

species if such taking occurs incidental 

to otherwise legal activities and where 

a conservation plan has been developed 

under ESA section 10(a)(2)(A) that 

describes (1) the impact that will likely 

result from such taking; (2) the steps an 

Applicant will take to minimize and 

mitigate that take to the maximum 

extent practicable, and the funding that 

will be available to implement such 

steps; (3) the alternative actions to such 

taking that an Applicant considered and 

the reasons why such alternatives are 

not being utilized; and (4) other 

measures that the Service may require 

as being necessary or appropriate for the 

purposes of the plan. Issuance criteria 


lotter on DSK11XQN23PROD with NOTICES1