[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Pages 9371-9373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04761]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2019-N169; FXES11140200000-190-FF02ENEH00]


Notice of Availability: Draft Amendments to the Environmental 
Assessment and Oil and Gas Industry Conservation Plan for the American 
Burying Beetle in Oklahoma

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of documents; request for public 
comment.

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SUMMARY: We, the U.S. Fish and Wildlife Service, announce the 
availability of an amended environmental assessment, under the National 
Environmental Policy Act, that evaluates the impacts of a 5-year 
extension of the Oil and Gas Industry Conservation Plan (ICP) for 
incidental take of the federally listed American burying beetle 
resulting from oil and gas industry activities. The ICP Planning Area 
consists of 45 counties in Oklahoma. Individual oil and gas companies 
would continue to apply for Endangered Species Act permits for 
incidental take and agree to comply with the terms and conditions of 
the ICP.

DATES: Comments: To ensure consideration, written comments must be 
received or postmarked on or before April 15, 2019. Any comments we 
receive after the closing date or not postmarked by the closing date 
may not be considered in the final decision on this action.

ADDRESSES: Obtaining Documents:
     Internet: You may obtain copies of the draft amendments to 
the environmental assessment (EA) and Industry Conservation Plan (ICP) 
on the U.S. Fish and Wildlife Service's (Service) website at 
www.fws.gov/southwest/es/oklahoma/ABBICP.
     U.S. Mail: A limited number of CD-ROM and printed copies 
of the draft amendments to the EA and ICP are available, by request, 
from the Field Supervisor, by mail at the Oklahoma Ecological Services 
Field Office, 9014 E 21st St., Tulsa, OK 74129; by phone at 918-581-
7458; or by fax at 918-581-7467. Please note that your request is in 
reference to the ABB ICP.
     In-Person: Copies of the draft amendments to the EA and 
ICP are also available for public inspection and review at the 
following locations, by appointment and written request only, 8 a.m. to 
4:30 p.m.:

[[Page 9372]]

    [cir] U.S. Fish and Wildlife Service, 500 Gold Avenue SW, Room 
6034, Albuquerque, NM 87102.
    [cir] U.S. Fish and Wildlife Service, 9014 E 21st St., Tulsa, OK 
74129.
    Comment submission: You may submit comments by one of the following 
methods. Please note that your comments are in reference to the ABB 
ICP.
    [cir] U.S. Mail: U.S. Fish and Wildlife Service, Oklahoma 
Ecological Services Field Office, 9014 E 21st St., Tulsa, OK 74129; by 
phone at 918-581-7458; or by fax at 918-581-7467.
    [cir] Electronically: [email protected].

FOR FURTHER INFORMATION CONTACT: Jonna Polk, Field Supervisor, 918-581-
7458 (phone).

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service, 
announce the availability of an amended environmental assessment, under 
the National Environmental Policy Act, that evaluates the impacts of a 
5-year extension of the Oil and Gas Industry Conservation Plan (ICP) 
for incidental take of the federally listed American burying beetle 
(ABB) resulting from oil and gas industry activities. Individual oil 
and gas companies would continue to apply for Endangered Species Act 
permits for incidental take and agree to comply with the terms and 
conditions of the ICP.
    Under the National Environmental Policy Act of 1969 (NEPA; 42 
U.S.C. 4321 et seq.), this notice advises the public that we, the 
Service, have gathered the information necessary to determine impacts 
of the draft amendments to the EA and ICP related to the proposed 
issuance of incidental take permits (ITPs) under section 10(a)(1)(B) of 
the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.), to oil and gas companies (applicants) who agree to the 
conditions in the ICP. The ICP is a habitat conservation plan (HCP) 
that covers take of the ABB that is incidental to covered activities 
associated with geophysical exploration (seismic), development, 
extraction, or transport of crude oil, natural gas, and/or other 
petroleum products, as well as maintenance, operation, repair, and 
decommissioning of oil and gas pipelines and well field infrastructure, 
and will include measures necessary to minimize and mitigate impacts to 
the covered species and its habitat to the maximum extent practicable.
    The Service is proposing to amend the Industry Conservation Plan 
(ICP) to extend the timeframe for oil and gas companies' (industry) 
participation in the ICP and the expiration date of the ICP and permits 
by 5 years.
    The original ICP allows industry to apply for a permit to 
participate for the first 2 years (from the date of approval and 
signature--May 20, 2014, through May 20, 2016) and operations and 
maintenance for up to an additional 20 years (May 20, 2036). A previous 
amendment extended the ICP signup period for 3 years (until May 20, 
2019), and this amendment would extend the signup period for an 
additional 5 years (until May 20, 2024). Permittees with existing ICP 
permits will not be automatically enrolled and must apply for an 
amendment to their permit to obtain coverage under the amended ICP. ICP 
applications must be received by May 20, 2024, but may be approved 
after that date. Applications for Individual Project Plans (IPP), under 
an approved ICP, must be received by May 20, 2027. All construction 
related to approved IPPs must be completed by May 20, 2030. Operation 
and maintenance activities are authorized until the permit expires on 
May 20, 2039. Therefore, incidental take issued under this ICP may 
occur for a maximum of 25 years following the original ICP 
authorization on May 20, 2014. All incidental take coverage provided by 
the ICP will end when the permit expires on May 20, 2039, regardless of 
when the ICP or IPP applications were approved. Providing date-certain 
limits for each period will reduce confusion and simplify tracking for 
both permittees and the Service.
    The Service has assessed the potential impacts of the 5-year 
extension for the ICP and reviewed the associated environmental 
assessment (EA) and biological opinion (BO) for industry-related 
activities within the eastern Oklahoma planning area. The estimates of 
potential impacts from industry activities for the ICP were based on 
recent history of development and industry predictions. Industry 
activity and impacts have been less than expected due to reduced 
petroleum prices and market conditions. Therefore, the amount of take 
issued under the ICP has been significantly lower than anticipated 
(32,234 acres allowed, with only about 5,255 acres issued as of 
December 19, 2018). The current ICP is only open for new applications 
through May 20, 2019, and incidental take authorized through the ICP is 
unlikely to approach the 32,234 acres allowed by that date.
    The change in timelines is the only proposed revision to the ICP, 
EA, and BO. There are no proposed changes to the federally listed 
species or area covered, and no increases in the total amount of 
incidental take provided through this ICP amendment. The ABB is the 
only species with incidental take in the ICP. Extending the same level 
of take over additional years should reduce potential impacts to local 
habitat and ABB populations. Much of the oil and gas related impacts 
are temporary and can be restored within 2-5 years. Spreading the soil 
disturbance impacts out to 2030 would allow temporary soil disturbance 
initiated in the first few years to be partially or fully restored 
before impacts from later projects have begun. The ABB is an annual 
species, and reducing take in any year should allow more adult beetles 
to survive into the next year. Incidental take authorized through the 
extension would not be increased, is a very small percentage of the 
total ABB habitat, and would not change the BO determination that the 
take would not jeopardize the continued existence of the ABB. The ICP 
Planning Area covers the following 45 Oklahoma counties: Adair, Atoka, 
Bryan, Carter, Cherokee, Choctaw, Cleveland, Coal, Craig, Creek, 
Delaware, Garvin, Haskell, Hughes, Johnson, Kay, Latimer, Le Flore, 
Lincoln, Love, Marshall, Mayes, McClain, McCurtain, McIntosh, Murray, 
Muskogee, Noble, Nowata, Okfuskee, Okmulgee, Osage, Ottawa, Pawnee, 
Payne, Pittsburg, Pontotoc, Pottawatomie, Pushmataha, Rogers, Seminole, 
Sequoyah, Tulsa, Wagoner, and Washington.

Background

    Potential impacts as a result of the extension are not expected to 
increase beyond those already identified in the EA. Environmental 
consequences were reviewed for the ICP extension, and potential impacts 
to the following resources were evaluated: Geology, Soils, Water 
Resources, Water Quality, Air Quality, Vegetation, Wetlands, General 
Wildlife, Threatened and Endangered Species, Land Use, Aesthetics and 
Noise, Socioeconomics, Environmental Justice, Tribal Jurisdiction, and 
Cultural Resources. Minor benefits to Water Resources, Water Quality, 
Air Quality, Vegetation, Wetlands, General Wildlife, Threatened and 
Endangered Species, Land Use, and Aesthetics and Noise could occur, 
because any impacts of oil and gas construction activity would be 
spread out over more years. Local impacts of project-related soil 
disturbance, such as removal of vegetation, erosion, and dust, may be 
reduced, and some recovery of natural resources could be expected if 
spread out over additional years.
    The ICP extension is not expected to significantly affect oil and 
gas activity,

[[Page 9373]]

but would help support industry activity by streamlining ESA 
compliance, while continuing conservation efforts for the ABB. The 5-
year ICP extension is expected to trigger no new environmental 
consequences; no new impacts to local economies or cultural resources; 
and no changes to direct, indirect, and cumulative effects. The ICP 
extension would not authorize any additional activities or incidental 
take. The same types and quantities of activities previously described 
in the EA are expected to occur with the 5-year extension. Based on the 
proposed amendment, construction-related impacts could occur until May 
20, 2030, instead of only during the original 2-year timeframe, and 
operation and maintenance-related impacts could occur until May 20, 
2039.

Public Availability of Comments

    Written comments we receive become part of the public record 
associated with this action. 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 request in your comment that we withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so. We will not consider anonymous 
comments. 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 (16 U.S.C. 
1531 et seq.) and its implementing regulations (50 CFR 17.22) and NEPA 
(42 U.S.C. 4321 et seq.) and its implementing regulations (40 CFR 
1506.6).

    Dated: February 5, 2019.
Amy Lueders,
Regional Director, Southwest Region, Albuquerque, New Mexico.
[FR Doc. 2019-04761 Filed 3-13-19; 8:45 am]
 BILLING CODE 4333-15-P