[Federal Register Volume 87, Number 79 (Monday, April 25, 2022)]
[Notices]
[Pages 24337-24338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08688]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R8-ES-2022-0034; FXES11140800000-223-FF08ECAR00]


Endangered and Threatened Species; Incidental Take Permit 
Application for the Desert Tortoise; Draft Habitat Conservation Plan 
and Draft Environmental Assessment; Bellefield Solar Energy Project, 
Kern County, CA

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for public comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have 
received an application from 8minute Solar Energy for an incidental 
take permit under the Endangered Species Act of 1973, as amended. The 
permit would authorize take of the federally threatened desert tortoise 
(Gopherus agassizii) incidental to otherwise lawful activities 
associated with construction, operation, maintenance, and 
decommissioning of the Bellefield Solar Energy Project. We invite 
comments on the draft habitat conservation plan and the draft 
environmental assessment, which we have prepared pursuant to the 
National Environmental Policy Act. We will take comments into 
consideration before deciding whether to issue an incidental take 
permit.

DATES: To ensure consideration, please submit your written comments by 
May 25, 2022.

ADDRESSES: 
    Obtaining Documents: The application, application supporting 
materials, and any comments and other materials that we receive will be 
available for public inspection at https://www.regulations.gov in 
Docket No. FWS-R8-ES-2022-0034.
    Submitting Comments: If you wish to submit comments on any of the 
documents, you may do so in writing by any of the following methods:
     Internet: https://www.regulations.gov. Search for and 
submit comments on Docket No. FWS-R8-ES-2022-0034.
     U.S. mail: Public Comments Processing, Attn: Docket No. 
FWS-R8-ES-2022-0034; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike; Falls Church, VA 22041-3803.
    We request that you send written comments by only one of the 
methods described above.

FOR FURTHER INFORMATION CONTACT: Ray Bransfield, Fish and Wildlife 
Biologist, by mail at the Palm Springs Fish and Wildlife Office, 777 
East Tahquitz Canyon Way, Suite 208, Palm Springs, CA 92262; by phone 
at 805-677-3398; or via email at [email protected]. Individuals in 
the United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We have received an application from 8minute 
Solar Energy (applicant) for an incidental take permit under the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.). The application addresses the potential take of the federally 
threatened desert tortoise, incidental to otherwise lawful activities 
at the Bellefield Solar Energy Project (project), as described in the 
applicant's draft habitat conservation plan. The proposed project would 
be located east of the town of Mojave in Kern County, California.

Background

    Section 9 of the ESA (16 U.S.C. 1538) and Federal regulations 
promulgated pursuant to section 4(d) of the ESA (16 U.S.C. 1533) 
prohibit the take of endangered and threatened animals without special 
exemption. Under section 10(a)(1)(B) of the ESA (16 U.S.C. 1539), we 
may issue permits to authorize take of listed fish and wildlife species 
that is incidental to, and not the purpose of, carrying out an 
otherwise lawful activity. Regulations governing permits for endangered 
and threatened species are set forth in title 50 of the Code of Federal 
Regulations (CFR) at part 17, sections 17.22 and 17.32.
    The National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et 
seq.) requires Federal agencies to analyze their proposed actions to 
determine whether the actions may significantly affect the human 
environment. In the NEPA analysis, the Federal agency will identify the 
effects, as well as possible mitigation for effects on environmental 
resources, that could occur with the implementation of the proposed 
action and alternatives. The Federal action in this case is the 
Service's proposed issuance of an incidental take permit for the 
federally threatened desert tortoise.

Permit Application

    The applicant has submitted a draft habitat conservation plan that 
describes the activities covered by the permit, such as the 
construction of the solar field and generator tie-in line. To minimize 
the risk of incidental take, the applicant would employ qualified 
biologists to translocate desert tortoises to a safe location off site. 
The conservation plan also includes adaptive management to allow for 
maintaining the protection of desert tortoises if necessary. To 
mitigate the impact of the incidental take, the applicant proposes to 
fund the enhancement of desert tortoise habitat within a retired 
grazing allotment on lands managed by the Bureau of Land Management.
    The draft conservation plan and the draft environmental assessment 
consider alternatives to the proposed action, including a no action 
alternative.
    The Service prepared a draft environmental assessment to evaluate 
the impacts of issuing the proposed incidental take permit on the human 
environment, consistent with the purpose and goals of NEPA and pursuant 
to the Council on Environmental Quality's implementing NEPA regulations 
at 40 CFR parts 1500-1508. Additionally, the draft environmental 
assessment was prepared consistent with the Department of the Interior 
NEPA regulations (43 CFR part 46); longstanding Federal judicial and 
regulatory interpretations; and Administration priorities and policies, 
including Secretary's Order No. 3399, which requires bureaus and 
offices to use ``the same application or level of NEPA that would have 
been applied to a proposed action before the 2020 Rule went into 
effect.''

Public Comments

    If you wish to comment on the draft conservation plan and draft 
environmental assessment, you may submit comments by one of the methods 
in ADDRESSES.

Public Availability of Comments

    You may submit comments by one of the methods shown under 
ADDRESSES. All comments and materials we receive in response to this 
request will become part of the decision record associated

[[Page 24338]]

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 ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

Authority

    We issue this notice pursuant to section 10(c) of the ESA (16 
U.S.C. 1539) 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 and 43 CFR 46.305).

Scott Sobiech,
Field Supervisor, Carlsbad Fish and Wildlife Office, Carlsbad, 
California.
[FR Doc. 2022-08688 Filed 4-22-22; 8:45 am]
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