[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7492-7493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02878]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R2-ES-2021-N196; FXES11160200000-223-FF02ENEH00]


Draft Environmental Assessment for Amendments to the Candidate 
Conservation Agreement/Candidate Conservation Agreement With Assurances 
for the Lesser Prairie-Chicken (Tympanuchus pallidicinctus) and Dunes 
Sagebrush Lizard (Sceloporus arenicolus) in New Mexico

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 (Service), announce the 
availability of a draft environmental assessment (EA), under the 
National Environmental Policy Act, that evaluates the impacts of 
proposed amendments to the Candidate Conservation Agreement/Candidate 
Conservation Agreement with Assurances for the Lesser Prairie-chicken 
(Tympanuchus pallidicinctus) and Dunes Sagebrush Lizard (Sceloporus 
arenicolus) in New Mexico (CCA/CCAA). We invite comments on the draft 
EA and related documents from the public and Federal, Tribal, State, 
and local governments.

DATES: Comments: To ensure consideration, written comments must be 
received or postmarked on or before March 11, 2022. 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: You may obtain copies of the draft EA, 
proposed amendments, or other related documents on the internet at 
https://www.fws.gov/southwest/es/NewMexico/.
    Submitting comments: You may submit written comments by email to 
[email protected]. Please note that your comment is in reference to the 
above-referenced CCA/CCAA. For more information, see Public 
Availability of Comments.

FOR FURTHER INFORMATION CONTACT: Shawn Sartorius, Field Supervisor, 
U.S. Fish and Wildlife Service, Albuquerque, New Mexico, Ecological 
Services Office; telephone 505-761-4781. Hearing or speech impaired 
individuals may call the Federal Relay Service at 800-877-8339 for TTY 
service.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), announce the availability of a draft environmental 
assessment (EA), under the National Environmental Policy Act of 1969 
(NEPA; 42 U.S.C. 4321 et seq.), that evaluates the impacts of proposed 
amendments to the Candidate Conservation Agreement (CCA) and Candidate 
Conservation Agreement with Assurances (CCAA) for the Lesser Prairie-
chicken (LPC) and Dunes Sagebrush Lizard (DSL) in New Mexico.
    This notice advises the public that we have gathered the 
information necessary to determine impacts of the proposed amendments 
on the CCA/CCAA and the associated enhancement of survival permit 
(permit) under section 10(a)(1)(A) of the Endangered Species Act of 
1973, as amended (ESA; 16 U.S.C. 1531 et seq.). We are accepting 
comments on the proposed amendments and the draft EA.

Background

    The CCA/CCAA were signed by Federal and State authorities in 2008 
for 20 years (2008-2028). The CCA/CCAA are voluntary candidate 
conservation agreements, administered by the Center of Excellence 
(CEHMM), that allow for implementation of conservation measures to 
benefit the LPC and DSL in a landscape-level approach on both Federal 
and non-Federal lands. The CCA allows for enrollment by Federal lessees 
and permittees, including ranchers and industry lessees, giving them a 
high degree of certainty that no additional conservation measures will 
be required of participants if either species were to be listed. In the 
event that either species is listed, incidental take coverage will be 
provided by an ESA section 7 biological opinion for conservation 
actions undertaken on Federal lands. Under the CCAA, conservation of 
the LPC and DSL will be implemented on non-Federal lands by enrolled 
participants. Through the CCAA, enrolled landowners or cooperators 
receive assurance that they will not incur additional land use 
restrictions on enrolled lands in the event either species is listed.

Proposed Action

    The Service is proposing to amend the CCA/CCAA to remove barriers 
to increased participation in the CCA/CCAA. The amendments will: Add an 
enrollment option to cover all activities for participants in the 
covered area, reclassify habitat categories based on LPC habitat and 
lek locations, add certificates of participation and/or inclusion (CP/
CI) tailored to companies that develop linear infrastructure (e.g., 
midstream, transmission, and utility), reduce enrollment fees for new 
parcel-by-parcel enrollments, and add an annual inflation adjustment 
for all habitat conservation fees. Conservation measures and covered 
activities will not change from the original CCA/CCAA.
    The CCA/CCAA covers all lands currently occupied or potentially 
occupied by the LPC or DSL in New Mexico. This includes approximately 
2,200 square miles in the southeastern section of the State, within 
portions of Lea, Eddy, DeBaca, Curry, Roosevelt, Quay, and Chaves 
Counties. The Service has assessed the potential impacts of the 
proposed amendments on the CCA/CCAA and the associated permit that was 
issued with the original CCA/CCAA in 2008, as well as the original EA 
from 2008. There are no proposed changes to the federally listed 
species, or the area

[[Page 7493]]

covered by the CCA/CCAA and permit. In addition, the amendments are not 
expected to result in impacts beyond those identified in the original 
EA.
    The proposed CCA/CCAA amendments are not expected to significantly 
affect industry or ranching activities but would help support these 
activities by streamlining ESA compliance, while continuing 
conservation efforts for the LPC and DSL. These amendments are 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 amendments would not authorize any 
additional activities or incidental take. The same types and quantities 
of activities previously described in the original EA are expected to 
occur with the proposed amendments.

Next Steps

    We will evaluate the draft amendments, draft EA, and comments we 
receive during the comment period to determine whether the proposed 
amendment meets the requirements of ESA, NEPA, and implementing 
regulations. If we determine that all requirements are met, we will 
approve the proposed amendment to the CCA/CCAA. We will not make our 
final decision until after the 30-day comment period ends and we have 
fully considered all comments received during the public comment 
period.

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 the authority of section 10(c) of the 
ESA and its implementing regulations (50 CFR 17.22 and 17.32) and NEPA 
(42 U.S.C. 4371 et seq.) and its implementing regulations (40 CFR 
1506.6).

Amy Lueders,
Regional Director, Southwest Region, U.S. Fish and Wildlife Service.
[FR Doc. 2022-02878 Filed 2-8-22; 8:45 am]
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