[Federal Register Volume 85, Number 159 (Monday, August 17, 2020)]
[Notices]
[Pages 50043-50044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17887]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R6-ES-2020-0014; FF06E220000-201-FXES11140600000]
Habitat Conservation Plan and Draft Environmental Assessment,
Keystone XL Pipeline; Incidental Take Permit Application for American
Burying Beetle; Tripp County, South Dakota, and Antelope, Boyd, Brown,
Cherry, Holt, and Keya Paha Counties, Nebraska
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for public comments.
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SUMMARY: We, the Fish and Wildlife Service (Service), announce the
availability of documents related to an incidental take permit (ITP)
application under the Endangered Species Act of 1973, as amended (ESA).
We have received an application from TransCanada Keystone Pipeline,
L.P. (Keystone) for a 50-year ITP for take of the federally endangered
American burying beetle incidental to otherwise lawful activities
associated with its Keystone XL pipeline project in parts of South
Dakota and Nebraska. Pursuant to the ESA and the National Environmental
Policy Act (NEPA), we announce the availability of Keystone's ITP
application, including Keystone's Draft Keystone XL Pipeline American
Burying Beetle Habitat Conservation Plan (HCP), and the Service's draft
environmental assessment for public review and comment. We provide this
notice to seek comments from the public and Federal, Tribal, State, and
local governments.
DATES: We will accept comments received or postmarked on or before
September 16, 2020. Comments submitted electronically using the Federal
eRulemaking Portal (see ADDRESSES) must be received by 11:59 p.m.
Eastern Standard Time on the closing date. For more information, see
Public Availability of Comments.
ADDRESSES:
Obtaining documents: You may obtain the documents at http://www.regulations.gov in Docket Number FWS-R6-ES-2020-0014.
[[Page 50044]]
Comment submission: You may submit written comments by one of the
following methods:
Internet: http://www.regulations.gov. Search for and
submit comments on Docket No. FWS-R6-ES-2020-0014.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R6-ES-2020-0014; U.S. Fish and Wildlife Service Headquarters, MS:
PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
FOR FURTHER INFORMATION CONTACT: Drue DeBerry, 303-236-4774
(telephone). Individuals who are hearing or speech impaired may call
the Federal Relay Service at 1-800-877-8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We, the Fish and Wildlife Service (Service),
announce the availability of documents related to an incidental take
permit (ITP) application under the Endangered Species Act of 1973, as
amended (ESA 16 U.S.C. 1531 et seq.). We have received an application
from TransCanada Keystone Pipeline, L.P. (Keystone) for a 50-year ITP
for take of the federally endangered American burying beetle
(Nicrophorus americanus) incidental to otherwise lawful activities
associated with construction, operation, and maintenance of its
Keystone XL pipeline project, in Tripp County, South Dakota, and
Antelope, Boyd, Brown, Cherry, Holt, Keya Paha Counties, Nebraska.
Keystone has proposed a conservation program to minimize and mitigate
for the impacts of the incidental take as described in its Draft
Keystone XL Pipeline American Burying Beetle Habitat Conservation Plan
(HCP). Pursuant to the ESA and the National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.), we announce the availability of
Keystone's ITP application, including its HCP, and the Service's draft
environmental assessment, for public review and comment. We provide
this notice to seek comments from the public and Federal, Tribal,
State, and local governments.
Background
Section 9 of the ESA (16 U.S.C. 1531 et seq.) and its implementing
regulations prohibit the ``take'' of animal species listed as
endangered or threatened. Take is defined under the ESA as to ``harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect
listed animal species, or to attempt to engage in such conduct'' (16
U.S.C. 1538). However, under section 10(a) of the ESA, we 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.
Applicant's Proposed Project
Keystone is seeking a permit for the incidental take of the
federally endangered American burying beetle for a term of 50 years.
Incidental take of this species may occur due to construction,
operation, and maintenance of the pipeline and associated electric
infrastructure. The proposed conservation strategy in the applicant's
proposed HCP is designed to avoid, minimize, and mitigate the impacts
of the covered activity on the covered species. The biological goals
and objectives are to avoid or minimize potential take of American
burying beetle and to provide permanent habitat conservation mitigation
measures for American burying beetles to offset any unavoidable impacts
during construction, operation, and maintenance of the project.
The HCP provides avoidance and minimization measures, which include
measures to minimize impacts prior to construction and restoration of
habitat after impacts. The estimated level of American burying beetle
take from the project is 551 American burying beetles over the 50-year
project duration, which would occur in Tripp County, South Dakota, and
Antelope, Boyd, Holt, and Keya Paha Counties, Nebraska. To offset
unavoidable impacts to the American burying beetle, Keystone will
acquire, protect, and manage a minimum of 1,035 acres of American
burying beetle habitat in perpetuity. These mitigation lands are
expected to be acquired in Brown and/or Cherry Counties, Nebraska.
National Environmental Policy Act
The issuance of an ITP triggers the need for compliance with NEPA.
We have prepared a draft EA that analyzes the environmental impacts on
the human environment resulting from two alternatives: A no-action
alternative and the proposed action, and also addresses alternatives
that were considered but that were dismissed from further
consideration.
Next Steps
We will evaluate the HCP and comments we receive to determine
whether the permit application meets the requirements of section 10(a)
of the ESA. We will also evaluate whether issuance of a section
10(a)(1)(B) permit would appreciably reduce the likelihood of survival
and recovery of the species in the wild by conducting an intra-Service
section 7 consultation. We will use the results of our intra-Service
consultation, in combination with the above findings, in our final
analysis to determine whether to issue a permit. If the requirements
are met, we will issue the permit to the applicant.
Public Availability of Comments
We will post all public comments and information received
electronically or via hardcopy at http://regulations.gov. All comments
received, including names and addresses, will become part of the
administrative record and will be available to the public. Before
including your address, phone number, electronic mail address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personal identifying
information--will be publicly available. If you submit a hardcopy
comment that includes personal identifying information, you may request
at the top of your document that we withhold this information from
public review. However, 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.
Authority
This notice is provided pursuant to section 10(c) of the ESA (16
U.S.C. 1531 et seq.) and its implementing regulations (50 CFR 17.22 and
17.32), and the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and its implementing regulations (40 CFR 1506.6 and 43 CFR
46.305).
Nicole Alt,
Acting Assistant Regional Director, Ecological Services, Mountain-
Prairie Region.
[FR Doc. 2020-17887 Filed 8-14-20; 8:45 am]
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