[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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