[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69294-69297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25217]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2014-0048; FXES11140600000-234-FF06E22000]


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement for the R-Project Transmission Line Revised Habitat 
Conservation Plan, Nebraska

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; virtual public scoping meeting; request for 
comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), provide this 
notice to open a public scoping period and announce virtual public 
scoping meetings, in accordance with requirements of the National 
Environmental Policy Act and its implementing regulations. The scoping 
period is associated with the preparation of a supplemental 
environmental impact statement (SEIS) to the February 2019 Final 
Environmental Impact Statement on Issuance of an Incidental Take Permit 
and Implementation of a Habitat Conservation Plan for the R-Project 
Transmission Line. Nebraska Public Power District (NPPD, applicant) is 
preparing a revised habitat conservation plan (HCP) in support of its 
anticipated resubmission of an application for an incidental take 
permit (ITP) under the Endangered Species Act (ESA) for activities it 
will undertake in constructing, operating, and maintaining a new 
transmission line (known as the R-Project) in central Nebraska. The 
SEIS will evaluate the impacts on the human environment related to the 
proposed issuance of the ITP and implementation of the HCP, including 
addressing the issues identified by the U.S. District Court for the 
District of Colorado in its remand of the ITP that FWS issued June 12, 
2019.

DATES: 
    Submitting Comments: We will accept online or hardcopy comments. 
Hardcopy comments must be received or postmarked on or before December 
19, 2022. (See ADDRESSES.) Comments submitted online at https://www.regulations.gov/ must be received by 11:59 p.m. Eastern Time on 
December 19, 2022.
    Public Meetings: The FWS will hold 2 virtual public scoping 
meetings during the scoping period at the following times:
     December 8, 2022, at 10:00 a.m. CST.
     December 8, 2022, at 6:30 p.m. CST.
    Registration and information on the virtual public meetings are 
available at https://www.fws.gov/project/r-project-transmission-line. 
Additionally, a recording of a public scoping meeting will be available 
for viewing by the public online, at https://www.fws.gov/project/r-project-transmission-line and at the following locations:
     North Platte Public Library, 120 W 4th St., North Platte, 
NE 69101;
     Thomas County Library, 501 Main St., Thedford, NE 69166;
     Taylor Public Library, 106 William St., Taylor, NE 68879.

ADDRESSES: 
    Submitting Comments: You may submit comments by one of the 
following methods:
     Internet: https://www.regulations.gov. Follow the 
instructions for submitting comments on FWS-R6-ES-2014-0048.

[[Page 69295]]

     U.S. mail: Public Comments Processing; Attn: Docket No. 
FWS-R6-ES-2014-0048; U.S. Fish and Wildlife Service Headquarters, MS: 
PRB/3W; 5275 Leesburg Pike, Falls Church, VA 22041-3803.
    For additional information about submitting comments, see Public 
Scoping Process under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Jeff Runge, by telephone at 308-382-
6468, or by 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: The U.S. Fish and Wildlife Service (FWS) 
issued an incidental take permit (ITP) to Nebraska Public Power 
District (NPPD) on June 12, 2019, authorizing incidental take of the 
American buying beetle (Nicrophorus americanus) that would result from 
the R-Project, a 345,000-volt, 226-mile-long transmission line. The 
Federal Register notice of availability for ITP, Habitat Conservation 
Plan (HCP), and Final Environmental Impact Statement published on 
February 8, 2019 (84 FR 2900). The proposed project starts at NPPD's 
Gerald Gentleman Substation near Sutherland, Nebraska; goes north to a 
345 kV substation located in Thomas County near Thedford; and then 
extends eastward to another 345 kV substation sited in Holt County, 
which is to interconnect with Western Area Power Administration's 
existing Fort Thompson to Grand Island 345 kV line that is located on 
the eastern border of Holt County.
    The purpose of the R-Project is three-fold: (1) relieve electrical 
congestion within the existing transmission system; (2) enhance system 
reliability; and (3) provide opportunities for development of renewable 
resources. On June 17, 2020, the U.S. District Court for the District 
of Colorado issued a decision on a lawsuit challenging the FWS's 
decision to issue the ITP under the Endangered Species Act (ESA), 
National Environmental Policy Act (NEPA), and the National Historic 
Preservation Act. In its ruling, the court vacated and remanded the ITP 
to the FWS for further proceedings consistent with the court's order. 
The FWS is preparing a Supplemental Environmental Impact Statement 
(SEIS) to address the anticipated resubmission of NPPD's ITP 
application, the issues identified by the court, and to address new 
information and changes in circumstances, as relevant, to the R-Project 
Revised HCP.
    In accordance with section 10(a)(2)(A) of the ESA, NPPD intends to 
submit the Revised HCP to the FWS in support of a resubmitted 
application for an ITP for the threatened American burying beetle. The 
requested ITP would authorize incidental take of the American burying 
beetle likely to result from construction and anticipated emergency 
repairs of the R-Project. The Revised HCP is required to include 
measures to minimize and mitigate the impacts of the taking on American 
burying beetle to the maximum extent practicable.
    We intend to prepare a draft SEIS and, later, a final SEIS, to 
evaluate the effects on the human environment of issuing an ITP under 
the anticipated resubmitted application, and NPPD's implementation of 
the R-Project Revised HCP. The SEIS is necessary to meet our 
requirements under NEPA; 42 U.S.C 4321 et seq.) and its implementing 
regulations. The FWS's purpose and need for the proposed action is to 
(1) process the applicant's resubmitted request for an ITP and (2) 
either grant, grant with conditions, or deny the ITP request in 
compliance with the FWS's authority under applicable law, including, 
without limitation, section 10(a)(1)(B) of the ESA and applicable ESA 
implementing regulations.

Preliminary Proposed Action and Alternatives

    Consistent with 40 CFR 1501.9(d)(2), the preliminary description of 
the proposed action is issuance of an ITP authorizing incidental take 
of a covered species in association with covered activities and Revised 
HCP implementation.
    The draft SEIS will include a reasonable range of alternatives, 
which may include but are not limited to scope of the covered 
activities, variations in the level of permitted take, the length of 
the permit term, type of conservation minimization and mitigation 
measures, and implementation and effectiveness monitoring. 
Additionally, a No Action Alternative will be included, in which the 
FWS would not issue an ITP and would assume that NPPD would not 
construct the R-Project.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538 and 16 
U.S.C. 1533, respectively). The ESA implementing regulations extend, 
under certain circumstances, the prohibition of take to threatened 
species (50 CFR 17.31). Under section 3 of the ESA, the term ``take'' 
means to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or attempt to engage in any such conduct'' (16 
U.S.C. 1532(19)). The term ``harm'' is defined by regulations as ``an 
act which actually kills or injures wildlife'' (50 CFR 17.3). ``Such 
act may include significant habitat modification or degradation where 
it actually kills or injures wildlife by significantly impairing 
essential behavioral patterns, including breeding, feeding, or 
sheltering'' (50 CFR 222.102).
    Under section 10(a) of the ESA, FWS may issue permits to authorize 
incidental take of listed fish and wildlife 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. Section 
10(a)(1)(B) of the ESA contains provisions for issuing ITPs to non-
Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
    1. The taking will be incidental;
    2. The applicant will, to the maximum extent practicable, minimize 
and mitigate the impact of such taking;
    3. The applicant will ensure that adequate funding for the plan 
will be provided;
    4. The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild; and
    5. The applicant will carry out any other measures the FWS may 
require as being necessary or appropriate for the purposes of the HCP.

R-Project Revised Habitat Conservation Plan

    NPPD intends to implement the R-Project Revised HCP to cover 
construction and anticipated emergency repairs of the R-Project. The R-
Project Revised HCP includes measures to minimize and mitigate impacts 
of the taking on American burying beetle. NPPD is expected to request a 
50-year ITP from the FWS.

Covered Activities

    The proposed covered activities will likely include:
     Access: Creation of temporary access routes and permanent 
access roads.
     Right-of-way preparation: Removal of trees and tall brush 
from the 200-foot-wide right-of-way.
     Temporary work areas: Grading and filling to create 
temporary work areas including assembly areas, construction yard, 
staging areas, and structure work areas.

[[Page 69296]]

     Tower installation: Construction associated with power 
line foundation installation and structure erection.
     Power line installation: Stringing, pulling, and 
tensioning necessary for power line placement on towers.
     Relocation of existing infrastructure: Relocation of 
existing overhead distribution power lines and livestock and center-
pivot irrigation wells to outside the right-of-way.
     Emergency repairs: Repairs to isolated damages, such as 
single insulators or weak points on conductors, as well as large-scale 
repairs following damage from severe weather events.
     HCP Implementation Activities: Activities identified in 
the conservation strategy and monitoring program that may result in 
short-term effects on covered species.

Covered Species

    The American burying beetle is the species anticipated to be 
proposed for coverage under the R-Project Revised HCP and ITP. The 
American burying beetle is known to occur within the proposed corridor 
for the R-Project. The R-Project Revised HCP will include an analysis 
of impacts to American burying beetle and methodology for estimating 
and quantifying take from covered activities and minimization and 
mitigation measures. The R-Project Revised HCP is anticipated to 
include analysis of evaluated species, which are species that may occur 
in the project area but for which NPPD is not requesting take 
authorization. The HCP describes measures to avoid take of these 
species. Species anticipated as evaluated species may include the 
following:

Bald eagle (Haliaeetus leucocephalus)
Blanding's turtle (Emydoidea blandingii)
Blowout penstemon (Penstemon haydenii)
Golden eagle (Aquila chrysaetos)
Northern long-eared bat (Myotis septentrionalis)
Tricolored bat (Perimyotis subflavus)
Piping plover (Charadrius melodus)
Rufa red knot (Calidris canutus rufa)
Topeka shiner (Notropis topeka [=tristis])
Western prairie-fringed orchid (Platanthera praeclara)
Whooping crane (Grus americana)

    Measures to minimize and mitigate impacts on the American burying 
beetle will be described in the Revised HCP as conservation measures 
and conditions on covered activities, guided by goals and objectives in 
the conservation strategy of the Revised HCP. These measures would be 
systematically implemented and monitored for success. Impacts would be 
offset by the protection of high-quality habitat for the American 
burying beetle. Minimization and mitigation measures are subject to 
adaptive management to ensure their effectiveness and to ensure 
achievement of the R-Project HCP's biological goals and objectives.
    The R-Project Revised HCP will include funding information and 
assurances, monitoring requirements, adaptive management, and changed 
circumstance provisions to help ensure conservation outcomes for 
American burying beetle. Annual reports would confirm the amount, type, 
and location of impacts and mitigation, as well as the status of 
monitoring, adaptive management, changed circumstances, and funding.

Summary of Expected Impacts

    The draft SEIS will identify and describe the effects of the 
proposed Federal action on the human environment that are reasonably 
foreseeable, including direct, indirect, and cumulative effects. This 
includes effects that occur at the same time and place as the proposed 
action or alternatives and effects that are later in time or farther 
removed in distance from the proposed action or alternatives. Expected 
impacts may include, but are not limited to, positive and negative 
impacts to the American burying beetle, biological resources, visual 
resources/aesthetics, and cultural and historic resources. The effects 
of these expected impacts will be analyzed in the SEIS (see 40 CFR 
1508.1(g) and 40 CFR 1502.16).

Schedule for the Decision Making Process

    The FWS will conduct an environmental review to analyze the effects 
of the proposed permit action, along with other alternatives considered 
and the associated impacts of each alternative for the development of 
the draft SEIS. Following completion of the environmental review, the 
FWS will publish a notice of availability and request for public 
comments on the draft SEIS and the draft Revised HCP resubmitted with 
the ITP application. The FWS expects to make the draft SEIS and draft 
HCP available to the public in summer 2023. After public review and 
comment, the FWS will evaluate the permit application and associated 
documents, and any comments received, to determine whether the 
requirements of section 10(a)(2) of the ESA and implementing permit 
regulations are met. The FWS expects to make the final SEIS and final 
Revised HCP available to the public in spring 2024. At least 30 days 
after the final SEIS is available, the FWS's record of decision will be 
completed in accordance with applicable timeframes established in 40 
CFR 1506.11. If appropriate, the FWS would issue the ITP after the 
issuance of the record of decision. If issued, the permit may include 
such terms and conditions deemed necessary or appropriate to carry out 
the purposes of the ITP and the Revised HCP.

Public Scoping Process

Virtual Public Meeting

    This notice of intent initiates the scoping process, which aids in 
the development of the EIS.
    See DATES and ADDRESSES for the date and time of the virtual public 
scoping meetings. The virtual public scoping meetings will provide FWS 
with an opportunity to present to the public information pertinent to 
the R-Project Revised HCP, and for the public to ask questions on the 
scope of issues and alternatives that FWS should consider when 
preparing the SEIS. We will accept only written comments. Written 
comments may be submitted by the methods listed in ADDRESSES.

Reasonable Accommodations

    Persons needing reasonable accommodations to attend and participate 
in the virtual public scoping meetings should contact the FWS's 
Nebraska Ecological Services Field Office (see FOR FURTHER INFORMATION 
CONTACT) as soon as possible. To allow sufficient time to process 
requests, please make contact no later than 1 week before the desired 
public meeting. Information and documents are available in alternative 
formats upon request.

Request for Information

    We request comments on the proposed action, concerning the scope of 
the analysis and identification of relevant information, studies, and 
analyses from the public; affected Federal, State, Tribal, and local 
governments, agencies, and offices; the scientific community; industry; 
or any other interested party. We will consider these comments in 
developing the draft SEIS. Specifically, we seek:
    1. Biological information, analysis, and relevant data concerning 
the covered species, evaluated species, and other wildlife;
    2. Potential effects that the proposed permit action could have on 
the covered species, and/or other endangered or

[[Page 69297]]

threatened species, and their associated ecological communities or 
habitats;
    3. Potential effects that the proposed permit action could have on 
other aspects of the human environment;
    4. Other possible reasonable alternatives that FWS should consider, 
including additional or alternative avoidance, minimization, and 
mitigation measures;
    5. The presence of historic properties--including archaeological 
sites, buildings, and structures; historic events; sacred and 
traditional areas; and other historic preservation concerns--in the 
proposed plan and permit area, which are required to be considered in 
project planning by the National Historic Preservation Act;
    6. Information on other current or planned activities in, or in the 
vicinity of, the R-Project and their possible impacts on the covered 
species, including any connected actions that are closely related and 
should be discussed in the same draft SEIS; and
    7. Other information relevant to the R-Project Revised HCP and its 
impacts on the human environment.

Public Availability of Comments

    You may submit your comments and materials by one of the methods 
listed in ADDRESSES. Before including your address, phone number, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--might 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. 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.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing the DEIS, will be available for 
public inspection online in Docket No. FWS-R6-ES-2014-0048, at https://www.regulations.gov/.

Next Steps

    Once the draft SEIS is prepared, there will be further opportunity 
for comment on the proposed permit action through an additional public 
comment period.

Lead and Cooperating Agencies

    The FWS is the lead agency for the NEPA process. Cooperating 
agencies include the Advisory Council on Historic Preservation, History 
Nebraska, the Nebraska Game and Parks Commission, the National Park 
Service, the U.S. Army Corps of Engineers, and the U.S. Environmental 
Protection Agency. The FWS welcomes inquiries from other Federal, 
State, or Tribal, or local agencies potentially interested in being a 
cooperating agency for the NEPA process.

Decisionmakers and Nature of Decision To Be Made

    The decisionmaker is the FWS Regional Director of the Mountain-
Prairie Region. If, after publication of the record of decision, the 
agencies determine that all requirements are met for ITP issuance, the 
decisionmaker will issue a decision on the requested ITP.

Authority

    We provide this notice in accordance with the requirements of 
section 10(c) of the ESA (16 U.S.C. 1539(c)) and NEPA regulations on 
the publication of a notice of intent to issue an EIS (40 CFR 
1501.9(d)).

Drue DeBerry,
Acting Assistant Regional Director, Ecological Services, Mountain-
Prairie Region.
[FR Doc. 2022-25217 Filed 11-17-22; 8:45 am]
BILLING CODE 4333-15-P