[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44297-44298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18809]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2018-N078; FXES11130200000-189-FF02ENEH00]


Draft Safe Harbor Agreement Amendment and Application for an 
Enhancement of Survival Permit for the Rio Salado Project, in Tempe, 
Arizona

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 
receiving the City of Tempe's survival enhancement permit application, 
under the Endangered Species Act. The requested amended permit would 
allow for the City of Tempe to conduct, to a greater degree, adaptive 
biological monitoring and would authorize incidental take of the 
yellow-billed cuckoo as a result of operation and maintenance 
activities associated with the Rio Salado Project, in the City of Tempe 
(Tempe Reach), Maricopa County, AZ. In accordance with National 
Environmental Policy Act (NEPA) requirements, we have determined that 
the proposed action qualifies under a categorical exclusion. We are 
accepting comments on the draft safe harbor agreement amendment (Draft 
SHA Amendment), and draft NEPA screening form supporting the use of a 
categorical exclusion.

DATES: Submission of Comments: We will accept comments received or 
postmarked on or before October 1, 2018.

ADDRESSES: 
    Obtaining Documents: You may obtain copies of the documents at 
https://www.fws.gov/southwest/es/arizona/. Alternatively, you may 
obtain CD-ROMs with electronic copies of the documents by writing to 
the Acting Field Supervisor, U.S. Fish and Wildlife Service, 9828 North 
31st Avenue, Phoenix, AZ 85051-2517; calling (602) 242-0210; faxing 
(602) 242-2513, as well as by email. A limited number of printed copies 
of the documents are also available, by request, from the Acting Field 
Supervisor. Copies of the documents are also available for public 
inspection and review, by appointment only, at the Service's Phoenix 
office (above) or at U.S. Fish and Wildlife Service, 500 Gold Avenue 
SW, Room 6093, Albuquerque, NM 87102.
    Submitting Comments: To submit written comments, please use one of 
the following methods, and note that your comment is in reference to 
the Draft SHA Amendment and Application for an Enhancement of Survival 
Permit for the Rio Salado, Tempe, AZ.
     U.S. Mail: Brenda Smith, Acting Field Supervisor, Phoenix 
office (address above).
     Fax: (602) 242-2513.
     Email: [email protected].
    We request that you submit comments only by the methods described 
above. Generally, we will post any personal information you provide us 
(see Public Availability of Comments for more information).

FOR FURTHER INFORMATION CONTACT: Brenda Smith, Acting Field Supervisor, 
(602) 242-0210 (telephone).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce receiving the City of Tempe's application to amend 
an existing enhancement of survival permit under the Endangered Species 
Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.). The requested 
amended permit would allow for the City of Tempe to conduct, to a 
greater degree, adaptive biological monitoring (annual monitoring until 
2020, and then at least every 3 years after), and would authorize 
incidental take of the yellow-billed cuckoo as a result of operation 
and maintenance activities associated with the Rio Salado Project, 
Tempe Reach (approximately from McClintock Drive to Priest Drive, 
excluding Tempe Town Lake within the Salt River floodplain). The 
amended permit would expire on May 1, 2058, to coincide with the 
expiration date of the original permit (50 years after the issuing date 
of May 1, 2008). We invite the public to review and comment on the 
Draft SHA Amendment and draft NEPA screening form supporting the use of 
a categorical exclusion in accordance with the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.).
    The applicant plans to conduct operation and maintenance activities 
associated with the Rio Salado Project, Tempe Reach, including 
maintenance of vegetation, roads, trails, water delivery system, flood 
control capacity, and storm water facilities. Initial implementation of 
the Rio Salado Project, Tempe Reach, was a cooperative project between 
the Applicant and the U.S. Army Corps of Engineers to restore, enhance, 
and maintain 159 acres of native riparian and wetland vegetation along 
the lower Salt River in Maricopa County, Arizona.

Background

    Enhancement of survival permits issued for safe harbor agreements 
encourage non-Federal landowners, including non-Federal operators 
holding easements on private lands, to implement conservation measures 
for habitat that is, or is likely to develop into, suitable habitat for 
listed species, by assuring landowners/operators that they will not be 
subjected to increased property use restrictions if suitable habitat 
develops and the covered species is detected in the future. Application 
requirements and enhancement of survival permit issuance criteria for 
safe harbor agreements are provided under section 10(c) of the ESA and 
its implementing regulations from the Code of Federal Regulations (CFR) 
at 50 CFR 17.22, and the NEPA and its implementing regulations at 40 
CFR 1506.6.

Proposed Action

    The proposed action is the Service's issuance of a permit for 
covered activities in the permit area for up to 50 years, pursuant to 
section 10(a)(1)(A) of the ESA. The permit would cover ``take'' of the 
yellow-billed cuckoo associated with covered activities occurring 
within the permit area.
    The Draft SHA Amendment commits the City of Tempe to implement 
conservation measures to improve habitat for the covered species on Rio 
Salado lands uses while allowing for covered activities within the 
project area to continue.
    To meet section 10(a)(1)(A) permit requirements, the applicant 
developed and proposes to implement the SHA and SHA Amendment, which 
describe the actions the City of Tempe has agreed to undertake to 
improve habitat within the Rio Salado Project, Tempe Reach, area.
    Expected benefits include, but may not be limited to: Improvement 
of riparian habitat which can be used by both covered species and other 
native fauna, limiting the amount of new disturbance to riparian 
habitat, and improving environmental exposure to the public.
    We will evaluate the permit application, associated documents, and 
comments we receive to determine whether the permit application meets 
the requirements of the ESA, NEPA, and implementing regulations. If we 
determine that all requirements are met, we will approve the SHA 
Amendment. We will fully consider all comments we receive during the 
public comment period, and we will not make our final decision until 
after the comment period ends.

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Public Availability of Comments

    All comments we receive become part of the public record associated 
with this action. Requests for copies of comments will be handled in 
accordance with the Freedom of Information Act, NEPA, and Service and 
Department of the Interior policies and procedures. 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 to 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.

Authority

    We provide this notice under section 10(c) of the ESA and ESA 
implementing regulations (50 CFR 17.22 and 17.32) and NEPA (42 U.S.C. 
4371 et seq.) and it's implementing regulations (40 CFR 1506.6).

    Dated: August 20, 2018.
James Broska,
Acting Deputy Regional Director, Southwest Region, Albuquerque, New 
Mexico.
[FR Doc. 2018-18809 Filed 8-29-18; 8:45 am]
 BILLING CODE 4333-15-P