[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4115-4116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00652]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Fish and Wildlife Service

[212L1109AF LLUTC03000 L16100000.DS0000 LXSSJ0740000; UTU-93620; 13-
08807]


Notice of Availability of the Records of Decision for a Highway 
Right-of-Way, Amended Habitat Conservation Plan and Issuance of an 
Incidental Take Permit for the Mojave Desert Tortoise, and Approved 
Resource Management Plan Amendments, Washington County, UT

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

ACTION: Notice of availability.

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SUMMARY: The Bureau of Land Management (BLM) and the U.S. Fish and 
Wildlife Service (Service), as joint lead agencies, announce the 
availability of the records of decision (ROD) for the Northern Corridor 
highway right-of-way (ROW), issuance of an incidental take permit 
(ITP), and approved amendments for the Red Cliffs National Conservation 
Area (NCA) and St. George Field Office Resource Management Plans (RMP).

DATES: The Secretary of the Interior signed the ROD on January 13, 2021 
which constitutes the final decision of the BLM and made the approved 
amendments to the RMPs, effective immediately. The BLM also signed the 
ROW grant for the Northern Corridor highway and issued the grant to the 
Utah Department of Transportation (UDOT) on January 13, 2021, which is 
effective immediately. The Service's Regional Director for Interior 
Regions 5 and 7 signed a ROD for issuance of an ITP, supported by the 
Habitat Conservation Plan (HCP), to Washington County (County) on 
January 13, 2021.

ADDRESSES: The RODs are available on the BLM ePlanning project website 
at https://eplanning.blm.gov/eplanning-ui/project/1502103/510. Click 
the ``Documents'' link on the left side of the screen to find the 
electronic versions of these materials. If you would like to request to 
view a hard copy, please call the St. George Field Office for more 
information at (435) 688-3200, Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Gloria Tibbetts, BLM Color Country 
District Planning and Environmental Coordinator, telephone: (435) 865-
3063; address: 176 East DL Sargent Dr., Cedar City, UT 84721; email: 
[email protected]. For information on the Amended HCP or ITP, contact 
Yvette Converse, Field Supervisor, U.S. Fish and Wildlife Service, 
telephone: (801) 975-3330 ext. 61912; email: 
[email protected]. Persons who use a telecommunications 
device for the deaf may call the Federal Relay Service (FRS) at 1-800-
877-8339 to leave a message or question for Ms. Tibbetts or Ms. 
Converse. The FRS is available 24 hours a day, 7 days a week. Replies 
are provided during normal business hours.

SUPPLEMENTARY INFORMATION: On September 4, 2018, UDOT submitted an 
application for a ROW grant for the Northern Corridor Project north of 
the City of St. George, Utah, on BLM-administered and non-Federal lands 
within the Red Cliffs NCA and Red Cliffs Desert Reserve (Reserve). The 
Reserve was established for the protection of the Mojave desert 
tortoise under the 1995 Washington County HCP. The NCA was established 
through the passage of the Omnibus Public Land Management Act of 2009. 
The 1995 HCP expired in 2016 and was extended by the Service to allow 
the County to amend the HCP pursuant to Section 10(a)(1)(B) of the 
Endangered Species Act (ESA). The Service received an application for 
an ITP dated January 30, 2015. The associated amended HCP was finalized 
by Washington County on October 20, 2020. The amended HCP anticipates 
the Northern Corridor highway, as a potential changed circumstance, 
would be partially offset with the addition of a new sixth zone to the 
Reserve (Reserve Zone 6) as the primary conservation strategy. To allow 
for consideration of and mitigation for the Northern Corridor, the BLM 
considered amendments to the Red Cliffs NCA and St. George Field Office 
RMPs.
    The BLM and the Service, as joint lead agencies, reviewed the ROW 
and ITP applications, and the BLM

[[Page 4116]]

developed the approved amendments to the RMPs in close coordination 
with the Service and cooperating agencies, using input from the public, 
stakeholder groups, State and local government entities, and American 
Indian tribes.
    The BLM and the Service prepared an environmental impact statement 
(EIS) in accordance with the National Environmental Policy Act (NEPA) 
to analyze the environmental impacts associated with the proposed 
action and the alternatives. Additionally, the BLM consulted with the 
Service to meet the requirements in Section 7 of the ESA. A biological 
opinion was issued by the Service to the BLM on January 12, 2021, and 
determined that the ROW and approved amendments to the RMPs are not 
likely to jeopardize the continued existence of the Mojave desert 
tortoise in the Upper Virgin River Recovery Unit and range-wide and 
that they are not likely to destroy or adversely modify designated 
critical habitat for the desert tortoise. Pursuant to section 10 of the 
ESA, the Service issued an intra-agency biological opinion on January 
12, 2021, which determined that the ITP is not likely to jeopardize the 
continued existence of the Mojave desert tortoise, Holmgren milkvetch, 
Shivwits milkvetch, dwarf bear-poppy, Siler pincushion cactus, Gierisch 
mallow, and Fickeisen plains cactus or result in the adverse 
modification of critical habitat for the Mojave desert tortoise, 
Holmgren milkvetch, Shivwits milkvetch, Gierisch mallow, or Fickeisen 
plains cactus. The agencies also consulted with the Utah State Historic 
Preservation Office (SHPO) and consulting parties as part of the 
Section 106 review process under the National Historic Preservation Act 
(NHPA). The BLM determined, and SHPO concurred, that the ROW will 
result in adverse effects to historic properties and that the 
amendments to the Red Cliffs NCA and St. George Field Office RMPs will 
result in no adverse effects to historic properties. For the ITP, the 
Service cannot fully determine the effects to historic properties prior 
to issuance of the ITP and has worked with the SHPO and other 
consulting parties to develop a programmatic agreement, as authorized 
by 36 CFR 800.14(b). The programmatic agreement defines a process to 
evaluate and address any adverse effects to historic properties related 
to actions by Washington County on a case-by-case basis throughout the 
term of the ITP. The final programmatic agreement for the ITP was 
signed on December 15, 2020.
    The formal public scoping process began on December 5, 2019, with 
the publication of a Notice of Intent (NOI) in the Federal Register (84 
FR 66692), which initiated a 30-day public scoping period. The Notice 
of Availability (NOA) for the Draft EIS and Amendments to the RMPs, 
Notice of ESA Section 10(a)(1)(B) permit application, and NOI 
announcing a concurrent public comment period for the proposed 
permanent closure of recreational target shooting within the proposed 
Reserve Zone 6 area were published on June 12, 2020 (85 FR 35950), 
which initiated a 90-day public comment period.
    On November 13, 2020, the BLM published the NOA for the Final EIS 
and Proposed Amendments to the RMPs (85 FR 72683), initiating a 30-day 
protest period and a concurrent Governor's consistency review of up to 
60 days. During the protest period for the Proposed Amendments to the 
RMPs, the BLM received 18 protest letters. All protests were resolved 
prior to the issuance of the RODs. For a full description of the issues 
raised during the protest period and how they were addressed, please 
refer to the BLM Protest Resolution Report, which is available online 
at https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports. The Governor of Utah reviewed the Final EIS 
and Proposed Amendments to the RMPs and did not identify any 
inconsistencies with State or local plans, policies, or programs. 
Finally, in compliance with the John D. Dingell, Jr. Conservation, 
Management, and Recreation Act of 2019, Public Law 116-9, 16 U.S.C. 
7913, and 43 CFR 8364.1, the NOA for the Draft EIS and Draft Amendments 
to the RMPs included an NOI announcing a concurrent 90-day public 
comment period regarding the proposed closure of recreational target 
shooting on BLM-administered lands within Reserve Zone 6. Based on 
issues analyzed in the EIS and feedback received during the target 
shooting comment period, protest period, government-to-government 
consultation, section 106 (NHPA) and section 7 (ESA) consultation, and 
Governor's consistency review, the BLM approved amendments to the St. 
George Field Office RMP, which includes a closure to recreational 
target shooting on BLM-administered lands within Reserve Zone 6.

    Authority: Consistent with 40 CFR 1506.13 (2020), this notice 
and the EIS are issued under previous NEPA regulations: 40 CFR 
1505.2; 40 CFR 1506.6; 40 CFR 1506.10; and 43 CFR 1610.2. The BLM 
also provides this notice under 43 CFR 8364.1 and 16 U.S.C. 7913. 
The Service also provides this notice under section 10(c) of the ESA 
(16 U.S.C. 1531 et seq.) and its implementing regulations for 
incidental take permits (50 CFR 17.22).

Gregory Sheehan,
State Director.
Noreen Walsh,
Regional Director.
[FR Doc. 2021-00652 Filed 1-14-21; 8:45 am]
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