Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices 66391 

• The accuracy of our estimate of the 

burden for this collection of 

information; 

• Ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and 

• Ways to minimize the burden of the 

collection of information on 

respondents. 

Comments that you submit in 

response to this notice are a matter of 

public record. 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 ask OMB in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that it will be done. 

Dated: November 4, 2014. 

Tina A. Campbell, 

Chief, Division of Policy and Directives 

Management, U.S. Fish and Wildlife Service. 

[FR Doc. 2014–26513 Filed 11–6–14; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R8–ES–2014–N213; 

FXES11120000F2–145–FF08ECAR00] 

Orange County Transportation 

Authority, Orange County, California; 

M2 Natural Community Conservation 

Plan/Habitat Conservation Plan, Draft 

Environmental Impact Report/

Environmental Impact Statement, and 

Incidental Take Permit Application 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of availability; notice of 

public meetings. 

SUMMARY: We, the Fish and Wildlife 

Service (Service), announce receipt of 

an application from the Orange County 

Transportation Authority (OCTA/

applicant) for an incidental take permit 

under the Endangered Species Act of 

1973, as amended (Act). The permit is 

needed to authorize take of listed 

animal species due to construction and 

habitat management and monitoring 

activities within areas affected by 

covered freeway projects and in 

preserves in Orange County, California. 

We have prepared a draft environmental 

impact statement (DEIS), which is the 

Federal portion of the draft 

environmental impact report (DEIR)/

DEIS, to analyze the impacts of issuing 

an incidental take permit based on the 

OCTA’s proposed natural community 

conservation plan (NCCP)/habitat 

conservation plan (HCP). The DEIR 

portion of the joint document was 

prepared by the OCTA in compliance 

with the California Environmental 

Quality Act. The DEIS/DEIR, HCP, and 

NCCP are available for review. 

DATES: Please send written comments 

on or before February 5, 2015. 

Two public meetings will be held to 

solicit public comments on the DEIR/

DEIS. These public meetings will be 

held on the following dates: 

1. Thursday, November 20, 2014, 5 

p.m. to 7 p.m., Orange County 

Transportation Authority, 550 S. Main 

Street, Orange, California 92868. 

2. Wednesday, Dec. 3, 2014, 5 p.m. to 

7 p.m., Rancho Santa Margarita City 

Hall, 22112 El Paseo, Rancho Santa 

Margarita, California 92688. 

ADDRESSES: Obtaining Documents: You 

may download copies of the DEIS/DEIR, 

HCP, and NCCP at the OCTA’s Web site, 

at http://www.octa.net/. Alternatively, 

you may use one of the methods under 

Submitting Comments to request hard 

copies or a CD–ROM of the documents. 

Submitting Comments: You may 

submit comments or requests for copies 

or more information by one of the 

following methods. 

• U.S. Mail: Mr. Mendel Stewart, 

Field Supervisor, U.S. Fish and Wildlife 

Service, 2177 Salk Avenue, Suite 250, 

Carlsbad, CA 92008. 

• In-Person Drop-off, Viewing, or 

Pickup: Call (760) 431–1766 to make an 

appointment during regular business 

hours at the above address or at the 

OCTA Office, 550 S Main Street, 

Orange, CA 92868. 

• Fax: Mr. Mendel Stewart, Field 

Supervisor, U.S. Fish and Wildlife 

Service, (760) 431–5901, Attn.: Orange 

County Transportation Authority M2 

HCP/EIS Comments. 

Hardbound copies are also available 

for viewing at the following Orange 

County public libraries: 

1. Tustin Library, 345 E. Main St., 

Tustin, CA 92780. 

2. Mission Viejo Library, 100 Civic 

Center, Mission Viejo, CA 92691. 

3. Garden Grove Regional Library, 

11200 Stanford Ave., Garden Grove, CA 

92840. 

The public meeting locations are: 

1. Orange: OCTA, Conference Rooms 

103/104, 550 South Main Street, Orange, 

CA 92863. 

2. Rancho Santa Margarita City Hall, 

22112 El Paseo, Rancho Santa Margarita, 

California 92688. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen A. Goebel, Assistant Field 

Supervisor, at the Carlsbad Fish and 

Wildlife Office address above; telephone 

(760) 431–9440. Information and 

comments related specifically to the 

DEIR and the California Environmental 

Quality Act should be submitted to Mr. 

Dan Phu, Orange County Transportation 

Authority (Attn: M2 NCCP/HCP), 550 

South Main Street, P.O. Box 14184, 

Orange, CA 92863–1584. 

SUPPLEMENTARY INFORMATION: We 

announce receipt of an application from 

the Orange County Transportation 

Authority (OCTA/applicant) for an 

incidental take permit under section 

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

Act of 1973, as amended (Act; 16 U.S.C. 

1531 et seq.). The applicant is 

requesting a permit to incidentally take 

10 animal species (including three 

federally listed species) and seeking 

assurances for 3 plant species during the 

term of the proposed 40-year permit. 

The permit is needed to authorize take 

of listed animal species due to 

construction and habitat management 

and monitoring activities within areas 

affected by covered freeway projects and 

in preserves in Orange County, 

California. 

We have prepared a draft 

environmental impact statement (DEIS), 

which is the Federal portion of the draft 

environmental impact report (DEIR)/

DEIS, to analyze the impacts of issuing 

an incidental take permit based on the 

OCTA’s proposed natural community 

conservation plan (NCCP)/habitat 

conservation plan (HCP). The DEIR 

portion of the joint document was 

prepared by the OCTA in compliance 

with the California Environmental 

Quality Act. The analyses provided in 

the DEIR/DEIS are intended to inform 

the public of the proposed action (i.e., 

permit issuance), alternatives, and 

associated impacts; address public 

comments received during the scoping 

period for the DEIR/DEIS; 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 

implementation of the proposed action. 

Background 

Section 9 of the Act and Federal 

regulations prohibit the ‘‘take’’ of fish 

and wildlife species federally listed as 

endangered or threatened. Take of 

federally listed fish or wildlife is 

defined under the Act as to harass, 

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

trap, capture, or collect listed species, or 

attempt to engage in such conduct (16 

U.S.C. 1538). ‘‘Harm’’ includes 

significant habitat modification or 

degradation that actually kills or injures 

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66392 Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices 

listed wildlife by significantly impairing 

essential behavioral patterns, including 

breeding, feeding, and sheltering (50 

CFR 17.3(c)). Under limited 

circumstances, we may issue permits to 

authorize incidental take, which is 

defined under the Act as take that is 

incidental to, and not the purpose of, 

otherwise lawful activities. The ESA’s 

take prohibitions do not apply to 

federally listed plants. Plant species 

would be included in the permit in 

recognition of the conservation 

measures provided to plants under the 

amended HCP and would receive 

assurances under the Service’s ‘‘No 

Surprises’’ rule. 

The applicant seeks incidental take 

authorization for 10 animal species and 

assurances for 3 plant species (all 

unlisted). Collectively the 13 listed and 

unlisted species are referred to as 

‘‘covered species’’ by the NCCP/HCP 

and include the 3 plant species, 1 

unlisted fish species, 3 reptile species 

(all unlisted), 4 bird species (2 

endangered, 1 threatened, and 1 

unlisted), and 2 mammal species (both 

unlisted). The permit would provide 

take authorization for all animal species 

and assurances for all plant species 

identified by the NCCP/HCP as 

‘‘covered species.’’ Take authorized for 

listed covered animal species would be 

effective upon permit issuance. For 

currently unlisted covered animal 

species, take authorization would 

become effective concurrent with 

listing, should the species be listed 

under the Act during the permit term. 

The proposed permit would include 

the following three federally listed 

animal species: Least Bell’s vireo (Vireo 

bellii pusillus; endangered), 

southwestern willow flycatcher 

(Empidonax traillii extimus; 

endangered), and coastal California 

gnatcatcher (Polioptila californica 

californica; threatened). See the DEIR/

DEIS and NCCP/HCP for additional 

information on unlisted species 

proposed for coverage under the permit. 

The NCCP/HCP is intended to protect 

and sustain viable populations of native 

plant and animal species and their 

habitats in perpetuity through 

avoidance, minimization, and 

mitigation measures. These measures 

include purchasing lands for permanent 

conservation, as well as performing 

restoration on lands currently protected 

that will enhance habitat to address 

mitigation requirements associated with 

the proposed NCCP/HCP. The proposed 

NCCP/HCP and permit would 

accommodate the implementation of the 

OCTA’s 13 proposed freeway projects 

designed to reduce congestion, increase 

capacity, and improve traffic flow of 

Orange County’s important 

transportation infrastructure. It would 

also accommodate management 

activities conducted on the OCTA 

acquired lands (or Preserves) within 

Orange County. 

The OCTA’s NCCP/HCP Plan Area 

includes approximately 511,476 ac 

(206,987 ha), encompassing all of 

Orange County, California. The NCCP/

HCP is intended to function 

independently of other HCPs within the 

Orange County region (e.g., Central and 

Coastal Orange County NCCP/HCP, 

Orange County Southern HCP, and 

Western Riverside County’s Multiple 

Species Habitat Conservation Plan). 

As described in the Draft NCCP/HCP 

and the DEIR/DEIS, the proposed NCCP/ 

HCP would provide protection measures 

for species on the OCTA covered 

Freeway projects as well as for covered 

activities within the OCTA Preserves, in 

part by acquiring lands for permanent 

conservation. Covered activities, 

including planned and future projects, 

are estimated to directly affect up to 141 

ac (57 ha) of habitat and indirectly affect 

up to 484.4 ac (196 ha) of habitat for 

covered species that will require 

mitigation over the 40-year term of the 

Permit. Additionally, preserve 

management and monitoring may 

adversely affect up to 11 ac (4.5 ha) of 

habitat. Prior to October 2013, the 

OCTA purchased five open-space 

properties totaling 940 ac (380 ha), of 

which about 900 ac (364 ha) is 

undeveloped open space and will be 

available to mitigate for project impacts 

to covered species. Additional Preserve 

acquisitions [at least 250 ac (101 ha)] are 

planned in the near future and are part 

of this NCCP/HCP. All Preserves will 

have endowments set up to cover longterm management needs. OCTA has also 

approved funding for 11 habitat 

restoration projects in the Plan Area 

totaling about 400 ac (162 ha). Future 

restoration efforts are identified within 

the NCCP/HCP to further benefit 

covered species. 

The primary source of funding for the 

NCCP/HCP will derive from the M2 

transportation sales tax designed to raise 

money to improve Orange County’s 

transportation system. As part of the M2 

sales tax initiative, a minimum of 5 

percent of the revenues from the 

freeway program will be set aside for the 

M2 Environmental Mitigation Program 

(EMP) revenues. These funds will be 

used for ‘‘programmatic mitigation.’’ 

The development and implementation 

of the M2 NCCP/HCP will use a portion 

of this funding source to achieve higher 

value environmental benefits such as 

habitat protection, connectivity, and 

resource preservation/enhancement in 

exchange for streamlined project 

approvals for the M2 freeway projects. 

The expenditures for key components of 

the NCCP/HCP conservation strategy 

that achieve upfront and comprehensive 

mitigation (e.g., Preserve acquisitions 

and funding of restoration projects) will 

be paid for through M2 EMP revenues. 

Any costs associated with implementing 

avoidance and minimization measures, 

as described in Section 5.6, ‘‘Avoidance 

and Minimization,’’ will be funded 

through the individual construction 

budgets and will not rely on funding 

under the M2 EMP. 

The NCCP/HCP includes measures to 

avoid and minimize incidental take of 

the covered species, emphasizing 

project design modifications to protect 

covered species and their habitats. A 

monitoring and reporting plan would 

gauge the Plan’s success based on 

achievement of biological goals and 

objectives and would ensure that 

conservation keeps pace with 

development. The NCCP/HCP also 

includes a management program, 

including adaptive management, which 

allows for changes in the conservation 

program if the biological species 

objectives are not met, or new 

information becomes available to 

improve the efficacy of the NCCP/HCP’s 

conservation strategy. 

Covered projects and activities would 

include 13 discrete proposed freeway 

segments in which freeway projects 

have been identified for coverage under 

the NCCP/HCP. These proposed projects 

are designed to reduce congestion, 

increase capacity, and smooth traffic 

flows of Orange County’s important 

transportation infrastructure. In 

addition, activities related to ongoing 

habitat management, restoration, and 

monitoring activities by preserve 

managers and activities necessary to 

provide limited public access have been 

identified for coverage. 

National Environmental Policy Act 

Compliance 

The DEIR/DEIS analyzes two 

alternatives in addition to the proposed 

action (i.e., permit issuance based on 

the Draft NCCP/HCP) described above. 

The other alternatives include a noaction (i.e., no permit) alternative and a 

reduced plan alternative covering only 

species that are federally or State-listed 

as threatened or endangered. Two other 

alternatives were considered during the 

planning process but were not evaluated 

in the DEIS because neither met the 

purpose or need of both the OCTA and 

the Service; these alternatives involved 

a no-take alternative and an alternative 

requiring the OCTA to participate in 

project-by-project mitigation. 

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Federal Register / Vol. 79, No. 216 / Friday, November 7, 2014 / Notices 66393 

Proposed Action 

Our proposed action is to issue an 

incidental take permit to the applicant, 

who would implement the HCP, 

described above. If we approve the 

permit, incidental take of covered 

species would be authorized for the 

applicant’s activities associated with the 

construction freeway improvement 

projects and Preserve Management, 

Restoration, and Monitoring Activities 

in Orange County, California. 

No Project/No Action Alternative 

Under the No Project/No Action 

Alternative, the proposed NCCP/HCP, 

including implementation of 

conservation measures and creation of a 

Preserve system, would not be adopted. 

Compliance with Act and the California 

Endangered Species Act would be 

addressed project-by-project for each of 

the M2 freeway projects. In contrast to 

the comprehensive strategies to avoid, 

minimize, or mitigate effects on 

sensitive species that would be 

implemented under the proposed 

action, the No Project/No Action 

Alternative would address impacts to 

affected listed species with project-byproject conservation and mitigation. The 

landscape–scale conservation actions 

intended to benefit both listed and nonlisted species under the NCCP/HCP 

would not occur under the No Project/ 

No Action Alternative. 

Reduced Plan Alternative 

Under the Reduced Plan Alternative, 

only those species that are federally or 

State-listed as threatened or endangered 

would be proposed for coverage under 

the NCCP/HCP. Accordingly, only the 

southwestern willow flycatcher, least 

Bell’s vireo, and coastal California 

gnatcatcher would be covered under the 

Reduced Plan Alternative. The amount 

of land acquisition and Preserve system 

assembled would be identical to that of 

the proposed Plan. The amount of 

species-specific habitat restoration 

required would be less, however, 

because the conservation strategy 

measures would be focused only on the 

three ESA-listed species mentioned 

above. 

Public Comments 

The Service and OCTA invite the 

public to comment on the Draft NCCP/ 

HCP, Draft Implementing Agreement 

and DEIR/DEIS during a 90-day public 

comment period beginning the date of 

this notice. While written comments are 

encouraged, we will accept both written 

and oral comments at the public 

meetings. Please direct written 

comments to the Service contact listed 

in the ADDRESSES section, and any 

questions to the Service contact listed in 

the FOR FURTHER INFORMATION CONTACT

section. 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 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. 

Reasonable Accommodation 

Individuals who require special 

accommodations (American Sign 

Language interpreter, accessible seating, 

documentation in alternate formats, etc.) 

to attend and participate in the public 

meetings are requested to contact 

Marissa Espino (mespino@octa.net, 

714–560–5607) at least 14 days prior to 

the scheduled public meeting date. 

Information regarding this proposed 

action is available in alternative formats 

upon request. 

Next Steps 

Issuance of an incidental take permit 

is a Federal proposed action subject to 

compliance with NEPA. This notice is 

provided under section 10(a) of the Act 

and Service regulations for 

implementing the National 

Environmental Policy Act of 1969 (40 

CFR 1506.6). We will evaluate the 

application, associated documents, and 

comments submitted thereon to prepare 

a final EIS. A permit decision will be 

made no sooner than 30 days after the 

publication in the Federal Register of 

the notice of availability for final EIS 

and completion of the record of 

decision. 

Dated: October 27, 2014. 

Alexandra Pitts, 

Deputy Regional Director, Pacific Southwest 

Region, Sacramento, California. 

[FR Doc. 2014–26361 Filed 11–6–14; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[145A2100DD/A0T501010.999900/

AAK3000000] 

Renewal of Agency Information 

Collection for Verification of Indian 

Preference for Employment in BIA and 

IHS 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of submission to OMB. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Bureau of Indian Affairs (BIA) is 

submitting to the Office of Management 

and Budget (OMB) a request for renewal 

for the collection of information, 

‘‘Verification of Indian Preference for 

Employment in BIA and IHS.’’ The 

information collection is currently 

authorized by OMB Control Number 

1076–0160, which expires November 

30, 2014. 

DATES: Interested persons are invited to 

submit comments on or before 

December 8, 2014. 

ADDRESSES: You may submit comments 

on the information collection to the 

Desk Officer for the Department of the 

Interior at the Office of Management and 

Budget, by facsimile to (202) 395–5806 

or you may send an email to: OIRA_

Submission@omb.eop.gov. Please send a 

copy of your comments to: Ms. Laurel 

Iron Cloud, Chief, Division of Tribal 

Government Services, Office of Indian 

Services, Bureau of Indian Affairs, 1849 

C Street NW., Mail Stop 4513 MIB, 

Washington, DC 20240; facsimile: (202) 

208–5113; email: laurel.ironcloud@

bia.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Laurel Iron Cloud, telephone (202) 513– 

7641. You may review the information 

collection request online at http://

www.reginfo.gov. Follow the 

instructions to review Department of the 

Interior collections under review by 

OMB. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

BIA is seeking renewal of the 

approval for the information collection 

conducted under 25 U.S.C. 43, 36 Stat. 

472, inter alia, and implementing 

regulations, at 25 CFR part 5, regarding 

verification of Indian preference for 

employment. The purpose of Indian 

preference is to encourage qualified 

Indian persons to seek employment 

with the BIA and Indian Health Service 

(IHS) by offering preferential treatment 

to qualified candidates of Indian 

heritage. BIA collects the information to 

ensure compliance with Indian 

preference hiring requirements. The 

information collection relates only to 

individuals applying for employment 

with the BIA and IHS. The tribe’s 

involvement is limited to verifying 

membership information submitted by 

the applicant. The collection of 

information allows certain persons who 

are of Indian descent to receive 

preference when appointments are 

made to vacancies in positions with the 

BIA and IHS as well as in any unit that 

has been transferred intact from the BIA 

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