[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Notices]
[Pages 57971-57974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22834]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Fish and Wildlife Service

[FWS-R8-ES-2014-N165]


Notice of Availability of the Draft Desert Renewable Energy 
Conservation Plan and Draft Environmental Impact Statement/
Environmental Impact Report, California

AGENCY: Bureau of Land Management, Interior; Fish and Wildlife Service, 
Interior.

ACTION: Notice.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969, as amended (NEPA); the Federal Land Policy and Management Act of 
1976, as amended (FLPMA); and the Endangered Species Act of 1973, as 
amended (ESA); the Bureau of Land Management (BLM) and the Fish and 
Wildlife Service (FWS) have partnered with the California Energy 
Commission (CEC) and the California Department of Fish and Wildlife 
(CDFW) (collectively,

[[Page 57972]]

the Agencies) to prepare the Draft Desert Renewable Energy Conservation 
Plan (DRECP) and Draft Environmental Impact Statement and Environmental 
Impact Report (EIS/EIR). The Draft DRECP includes Draft BLM Land Use 
Plan Amendments for the California Desert Conservation Area (CDCA) 
Plan, Bishop Resource Management Plan (RMP), and the Caliente/
Bakersfield RMP; a FWS-proposed Habitat Conservation Plan (General 
Conservation Plan); and a CDFW-proposed Natural Community Conservation 
Plan. The Draft DRECP covers parts of Imperial, Inyo, Kern, Los 
Angeles, Riverside, San Bernardino, and San Diego Counties, California. 
By this notice, the Agencies are announcing the availability of the 
Draft DRECP and Draft EIS/EIR, the receipt of permit applications under 
Section 10 of the ESA from CEC and the California State Lands 
Commission (CSLC), and the opening of the comment period on the Draft 
DRECP and Draft EIS/EIR and the information provided in the permit 
applications.

DATES: To ensure that comments will be considered, the Agencies must 
receive written comments on the Draft DRECP and Draft EIS/EIR within 90 
days following the date the Environmental Protection Agency publishes 
its notice of the Draft DRECP and Draft EIS/EIR in the Federal 
Register. The Agencies will announce future meetings or hearings and 
any other public participation activities at least 15 days in advance 
through public notices, media releases, and/or mailings.

ADDRESSES: You may submit comments related to the Draft DRECP by any 
one of the following methods:
     Web site: http://drecp.org/;
     Email: [email protected]; or
     U.S. mail or hand-delivery: California Energy Commission, 
Dockets Office, MS-4, Docket No. 09-RENEW EO-01, 1516 Ninth Street, 
Sacramento, CA 95814-5512.
    Copies of the Draft DRECP and Draft EIS/EIR are available online at 
http://drecp.org, and at locations listed under the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT:
     Vicki Campbell, DRECP Program Manager, BLM California 
State Office, by telephone at 916-978-4401; U.S. mail at 2800 Cottage 
Way, Suite W-1623, Sacramento, CA 95825; or email at [email protected]; or
     Kennon Corey, Assistant Field Supervisor, Palm Springs 
Fish and Wildlife Office, by telephone at 760-322-2070; U.S. mail at 
777 East Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262; or 
email at [email protected]
    Telecommunications device for the deaf (TDD): Persons who use a TDD 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
to contact the above individuals during normal business hours. The FIRS 
is available 24 hours a day, 7 days a week, to leave a message or 
question for the above individuals. You will receive a reply during 
normal business hours.

SUPPLEMENTARY INFORMATION: The Agencies prepared the Draft DRECP to 
advance State and Federal conservation goals in the desert regions of 
California, while also facilitating the timely permitting of renewable 
energy projects in appropriate areas, under applicable State and 
Federal laws.
    The Draft DRECP comprises three elements that together formulate an 
integrated interagency plan for permitting renewable energy and 
transmission development in the Mojave and Colorado/Sonoran Deserts of 
southern California: the BLM's proposed Land Use Plan Amendments to the 
CDCA Plan, Bishop RMP, and Caliente/Bakersfield RMP; the FWS's proposed 
Habitat Conservation Plan (General Conservation Plan); and the CDFW's 
proposed Natural Community Conservation Plan. The BLM and the FWS as 
Federal co-lead agencies have prepared the EIS portion of the Draft 
EIR/EIS for their respective proposed actions under the Draft DRECP. 
The planning goals of the interagency Draft DRECP include the 
following:
     Provide for the longer term conservation and management of 
covered species within the Draft DRECP plan area through strategic 
habitat conservation at the landscape level;
     Preserve, restore, and enhance natural communities and 
ecosystems that support covered species within the Draft DRECP area;
     Build on the competitive renewable energy zones identified 
by the Renewable Energy Transmission Initiative and the Solar Energy 
Zones identified in the BLM Solar Programmatic EIS record of decision;
     Further identify the most appropriate locations within the 
Draft DRECP area for the development of utility-scale renewable energy 
projects, taking into account potential impacts to threatened and 
endangered species and sensitive natural communities;
     Provide a means to implement covered activities in a 
manner that complies with the ESA, California Endangered Species Act 
(CESA), Natural Community Conservation Planning Act, NEPA, California 
Environmental Quality Act, and other relevant laws;
     Provide a basis for the issuance of ``take'' 
authorizations allowing the lawful take of covered species incidental 
to covered activities;
     Provide for issuance of take authorizations for other 
covered species that are not currently listed but which may be listed 
in the future;
     Provide a comprehensive means to coordinate and 
standardize mitigation and compensation requirements for covered 
activities within the plan area;
     Provide a framework for regional mitigation strategies for 
covered activities on both private and public land;
     Provide a framework for a more efficient process by which 
proposed renewable energy projects within the plan area may obtain 
regulatory authorizations, and which results in greater conservation 
values than would a project-by-project, species-by-species review; and
     Identify and incorporate climate change adaptation 
research, management objectives, and policies into the final plan 
document.
    The Draft DRECP Planning Area includes approximately 22.5 million 
acres of Federal and non-Federal land in the Mojave and Colorado/
Sonoran Desert regions of southern California, including portions of 
seven counties (Imperial, Inyo, Kern, Los Angeles, Riverside, San 
Bernardino, and San Diego). The Draft DRECP and Draft EIS/EIR include 
proposed BLM Land Use Plan Amendments in accordance with FLPMA; a 
proposed Habitat Conservation Plan (General Conservation Plan) in 
accordance with Section 10 of the ESA; and a Natural Community 
Conservation Plan in accordance with the California Natural Community 
Conservation Planning Act of 1991. The proposed Natural Community 
Conservation Plan would cover both Federal (to the extent permitted by 
law) and non-Federal lands.

BLM Proposed Land Use Plan Amendments

    The BLM is proposing Land Use Plan Amendments to the CDCA Plan, the 
Bishop RMP, and Caliente/Bakersfield RMP for the approximately 10 
million acres of BLM-managed public lands within the Draft DRECP 
Planning Area. The Land Use Plan Amendments would designate 
approximately 400,000 acres of Development Focus Areas for solar, wind, 
and geothermal development on public lands; 3.5 million acres of 
National Conservation Lands within the CDCA in accordance with the 
Omnibus

[[Page 57973]]

Public Land Management Act of 2009; and 2 million acres of existing, 
modified, and new Areas of Critical Environmental Concern and wildlife 
allocations. The BLM Draft DRECP Land Use Plan Amendments would also 
designate 2.5 million acres of existing, modified, and new Special 
Recreation Management Areas. The Draft DRECP Land Use Plan Amendments 
also include Conservation and Management Actions for the management of 
these designations.

FWS Proposed General Conservation Plan

    The FWS is proposing to issue permits for incidental take of 
covered species under a programmatic type of habitat conservation plan 
called a general conservation plan (GCP), which the FWS has prepared to 
meet the requirements of the habitat conservation plan process under 
section 10 of the ESA. A GCP is an umbrella type of multiple-species 
habitat conservation plan intended to streamline permit decisions for 
similar actions on a large scale. The Draft GCP incorporates the Draft 
DRECP's biological goals and objectives, conservation and management 
actions, and comprehensive reserve design. The proposed GCP is outlined 
in an appendix to the Draft DRECP and Draft EIR/EIS. The NEPA analysis 
for the GCP appears in the main volumes of the Draft EIR/EIS. As an 
integral component of the Draft DRECP and Draft EIS/EIR, the Draft GCP 
analyzes the effects of incidental take of covered species resulting 
from all Draft DRECP covered activities on approximately 1.6 million 
acres of non-Federal lands within the Draft DRECP Development Focus 
Areas, including the design, siting, construction, operation, 
maintenance, and decommissioning of renewable energy facilities (solar 
photovoltaic, solar thermal, wind, and geothermal) and associated 
transmission construction, operations, and maintenance; and habitat 
conservation, restoration, enhancement, and creation activities on 
Federal and non-Federal lands. Appropriate conservation lands to 
mitigate the effects of take would be acquired from willing sellers 
within an area of approximately 2.7 million acres of non-Federal lands 
within the Draft DRECP reserve design. The FWS has developed the Draft 
GCP to streamline issuance of incidental take permits for current and 
future applicants. The FWS intends to issue incidental take permits for 
varying durations through the year 2040 to individual applicants whose 
proposed projects comply with the terms and conditions of the GCP. The 
GCP streamlined permitting process would be open to any non-Federal 
applicant, including State agencies, local jurisdictions (cities, 
counties), and individual project proponents. CEC and CSLC, as the 
first applicants for permits under the GCP, are requesting incidental 
take permits for renewable energy development on non-Federal lands for 
a term through 2040, pursuant to the regulatory requirements of ESA 
Section 10(a)(1)(B). Application materials from CEC and CSLC are 
available for public review concurrently with the proposed GCP in the 
Draft DRECP and Draft EIS/EIR. If the FWS finds the GCP consistent with 
ESA Section 10(a)(2)(B) incidental take permit issuance criteria and 
NEPA (43 U.S.C. 4321 et seq.) requirements, and also finds the CEC and 
CSLC permit applications consistent with the GCP and other permit 
requirements, the FWS would issue the CEC and CSLC permits after 
completion of internal decision documents and the signing of a record 
of decision. CEC and CSLC then could extend their take authorizations 
to renewable energy proponents under their respective jurisdictions.
    Section 9 of the ESA and Federal regulations prohibit the take of a 
fish or wildlife species listed as endangered or threatened. Under the 
ESA, the following activities are defined as take: To harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect listed 
wildlife species, or attempt to engage in such conduct (16 U.S.C. 
1532). Under certain circumstances, the FWS may issue permits to 
authorize ``incidental take'' of listed wildlife species under ESA 
Section 10(a)(1)(B) on non-Federal lands. Incidental take is take that 
is incidental to, and not the purpose of, carrying out an otherwise 
lawful activity. Regulations governing permits for endangered and 
threatened species are at 50 CFR 17.22 and 50 CFR 17.32, respectively.
    Section 10 of the ESA specifies the requirements for the issuance 
of incidental take permits to non-Federal entities. Any proposed take 
must be incidental to otherwise lawful activities and cannot 
appreciably reduce the likelihood of the survival and recovery of the 
species in the wild. The impacts of such take must also be minimized 
and mitigated to the maximum extent practicable. To obtain an 
incidental take permit, an applicant must prepare a habitat 
conservation plan describing the impacts that will likely result from 
the proposed taking, the measures for minimizing and mitigating the 
impacts of the take, a process to address unforeseen circumstances, the 
funding available to implement such measures, alternatives to the 
taking, and the reason why such alternatives are not being implemented. 
The FWS has prepared the GCP to meet the requirements of an ESA Section 
10 Habitat Conservation Plan, and would consider applications that 
comply with the terms and conditions of the GCP as also meeting Section 
10 requirements.
    Covered Species are those species addressed in the Draft DRECP and 
Draft EIR/EIS for which applicants may seek incidental take 
authorizations. The Draft DRECP's 37 proposed covered species include 
threatened and endangered species listed under the ESA, species listed 
under CESA, and unlisted species of Federal and State conservation 
concern. If the GCP is approved, any permits issued under the GCP would 
authorize take of listed covered species effective at the time of 
permit issuance. Take of the currently non-listed covered species would 
be authorized concurrent with their listing under the ESA, should they 
be listed during the permit period. Please note that the list of 
covered species may change as a result of public comments.
    The proposed GCP and any permits issued under the GCP would cover 
the following nine animal species that are currently listed under the 
ESA:

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                  Species                              Status
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Desert pupfish (Cyprinodon macularius)....  Endangered.
Mohave tui chub (Siphateles [Gila] bicolor  Endangered.
 mohavensis).
Owens pupfish (Cyprinodon radiosus).......  Endangered.
Owens tui chub (Siphateles [Gila] bicolor   Endangered.
 snyderi).
Agassiz's desert tortoise (Gopherus         Threatened
 agassizii).
California condor (Gymnogyps                Endangered.
 californianus).
Least Bell's vireo (Vireo bellii pusillus)  Endangered.
Southwestern willow flycatcher (Empidonax   Endangered.
 traillii).
Yuma clapper rail (Rallus longirostris      Endangered
 yumanensis).
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    The GCP and permits also would cover 18 animal species that are not 
currently listed under the ESA:

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                                 Species
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Flat-tailed horned lizard (Phrynosoma mcallii).
Mojave fringe-toed lizard (Uma scoparia).
Tehachapi slender salamander (Batrachoseps stebbinsi).
Bendire's thrasher (Toxostoma bendirei).
Burrowing owl (Athene cunicularia).
California black rail (Laterallus jamaicensis coturniculus).
Gila woodpecker (Melanerpes uropygialis).
Golden eagle (Aquila chrysaetos).

[[Page 57974]]

 
Greater Sandhill crane (Grus canadensis tabida).
Mountain plover (Charadrius montanus).
Swainson's hawk (Buteo swainsoni).
Tricolored blackbird (Agelaius tricolor).
Western yellow-billed cuckoo (Coccyzus americanus occidentalis).
Desert bighorn sheep (Ovis Canadensis nelsoni).
California leaf-nosed bat (Macrotus californicus).
Mohave ground squirrel (Spermophilus [Xerospermophilus] mohavensis).
Pallid bat (Antrozous pallidus).
Townsend's big-eared bat (Corynorhinus townsendii).
------------------------------------------------------------------------

    The take prohibition in Section 9 of the ESA does not apply to 
federally listed plant species, and authorization under an ESA Section 
10 permit is not required. However, ESA Section 7(a)(2) prohibits 
Federal agencies from jeopardizing the continued existence of any 
listed plant or animal species, or destroying or adversely modifying 
the critical habitat of such species. The GCP proposes to cover 10 
plant species in recognition of the conservation benefits to be 
provided for them under the Draft DRECP, and the assurances permit 
holders would receive if they are included on a permit. GCP covered 
species include the following three federally listed plant species: 
Endangered Bakersfield cactus (Opuntia basilaris var. treleasei), 
threatened Parish's daisy (Erigeron parishii), and endangered triple-
ribbed milk-vetch (Astragalus tricarinatus). In addition, the following 
seven non-listed plant species are proposed as GCP covered species: 
alkali mariposa-lily (Calochortus striatus), Barstow woolly sunflower 
(Eriophyllum mohavense), desert cymopterus (Cymopterus deserticola), 
Little San Bernardino Mountains linanthus (Linanthus maculatus), Mojave 
monkeyflower (Mimulus mohavensis), Mojave tarplant (Deinandra 
mohavensis), and Owens Valley checkerbloom (Sidalcea covillei).

Alternatives Considered

    The Draft DRECP and Draft EIS/EIR include the Agencies' preferred 
alternative, four additional action alternatives, and a no-action 
alternative. Action alternatives analyzed in detail in the interagency 
Draft DRECP are the result of integrating varying locations and 
configurations for renewable energy and reserve designs on both Federal 
and non-Federal lands. The configurations of Development Focus Areas in 
the action alternatives reflect different approaches to balancing the 
goals for minimizing biological resource conflicts and maximizing 
opportunities to site renewable energy projects in areas of high-value 
renewable energy resources to attain the Draft DRECP's renewable energy 
generation target of 20,000 megawatts. Accordingly, alternatives 
reflect varying locations, acreages, and configurations of lands within 
the Development Focus Areas and reserve design. As required by NEPA, 
the Draft EIS/EIR identifies and analyzes potentially significant 
direct, indirect, and cumulative impacts of the Agencies' proposed 
actions on biological and other environmental resources. The Draft EIS 
considers the following alternatives:
    1. Proposed Action: The proposed action includes approval of the 
BLM's proposed Land Use Plan Amendments and FWS's proposed GCP, and 
issuance of incidental take permits for applications that are 
consistent with the terms and conditions of the GCP, beginning with 
consideration of permit applications from CEC and CSLC;
    2. No Action: Under this alternative, the Agencies would not 
approve the Draft DRECP, meaning that renewable energy proponents 
likely would seek individual, non-streamlined authorizations from the 
BLM and the FWS for renewable energy development, as needed; and
    3. Other Action Alternatives: Four additional action alternatives 
address different scenarios of renewable energy development, species 
conservation on Federal and non-Federal lands, and areas established as 
National Conservation Lands.
    Copies of the Draft DRECP and Draft EIS/EIR are available at the 
following locations:
     BLM California State Office, 2800 Cottage Way, Suite W-
1623, Sacramento, CA 95825;
     BLM California Desert District Office, 22835 Calle San 
Juan De Los Lagos, Moreno Valley, CA 92553;
     BLM Barstow Field Office, 2601 Barstow Road, Barstow, CA 
92311;
     BLM El Centro Field Office, 1661 S. 4th Street, El Centro, 
CA 92243;
     BLM Needles Field Office, 1303 S. Highway 95, Needles, CA 
92363;
     BLM Palm Springs South Coast Field Office, 1201 Bird 
Center Drive, Palm Springs, CA 92262;
     BLM Ridgecrest Field Office, 300 S. Richmond Road, 
Ridgecrest, CA 93555;
     BLM Bakersfield Field Office, 3801 Pegasus Drive, 
Bakersfield, CA 93308;
     BLM Bishop Field Office, 351 Pacu Lane, Suite 100, Bishop, 
CA 93514; and
     FWS Palm Springs Fish and Wildlife Office, 777 East 
Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262.
    Electronic copies (computer disks) will also be available at public 
libraries throughout the Planning Area.
    Please contact the BLM or the FWS for information on other 
locations.

Public Availability of Comments

    Please note that public comments and information submitted--
including names, street addresses, and email addresses of persons who 
submit comments--will be available for public review and disclosure at 
http://drecp.org.
    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.

    Authority:  40 CFR 1506.6; 40 CFR 1506.10; 43 CFR 1610.2.

Thomas Pogacnik,
Deputy State Director, Bureau of Land Management.
Alexandra Pitts,
Deputy Regional Director, Fish and Wildlife Service.
[FR Doc. 2014-22834 Filed 9-25-14; 8:45 am]
BILLING CODE 4310-55-P