[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9171-9173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02490]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-R6-ES-2014-0048; [FXES11140600000-245-FF06E22000]


R-Project Transmission Line, Nebraska; Revised Proposed Habitat 
Conservation Plan for the American Burying Beetle and Draft 
Supplemental Environmental Impact Statement

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
availability of documents related to an application for an incidental 
take permit (ITP) under the Endangered Species Act. The Nebraska Public 
Power District (NPPD) is applying for a permit associated with 
incidental take of the American burying beetle (Nicrophorus americanus; 
ABB) during construction, operation, and maintenance of a new 
transmission line in central Nebraska (known as the R-Project). NPPD 
has submitted a new application for a 50-year ITP, including a revised 
proposed habitat conservation plan (revised HCP) and associated 
documents. We previously issued an ITP for the R-Project and the 
applicant's earlier HCP to NPPD in 2019. However, that ITP was remanded 
by a Court. In response to the Court remand, NPPD has prepared the 
revised HCP as part of the new ITP application. In accordance with the 
National Environmental Policy Act, we now announce the availability of 
the draft supplemental EIS (draft SEIS) associated with the revised 
HCP. We invite comment from the public and local, State, Tribal, and 
Federal agencies.

DATES: Submitting Comments: We must receive your written comments on or 
before April 9, 2024. Comments submitted online at https://www.regulations.gov/ must be received by 11:59 p.m. eastern time on 
April 9, 2024.
    Public Meetings: During the public comment period, the Service will 
hold two in-person public meetings in Nebraska, weather permitting, and 
one virtual public meeting.
     In-person meetings:
    [cir] Tuesday, February 27, 2024, from 5:00 to 7:00 p.m. CST; North 
Platte, Nebraska, The Prairie Arts Center.
    [cir] Thursday, February 29, 2024, from 1:00 to 3:00 p.m. CST; 
Broken Bow, Nebraska, Mid Plains Community College.
     Virtual meeting: Thursday, March 7, 2024, from 5:00 to 
7:00 p.m. CST.
    Additional information on the public meetings will be posted at 
least one week prior on our website, at https://fws.gov/office/nebraska-ecological-services. Following the virtual public meeting, an 
on demand recording of the virtual public meeting will be available for 
viewing by the public online, at https://fws.gov/office/nebraska-ecological-services, 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: Obtaining Documents: The draft SEIS and revised HCP, as well 
as any comments and other materials that we receive, will be available 
for public inspection online in Docket No. FWS-R6-ES-2014-0048 at 
https://www.regulations.gov. Copies of the documents will be available 
for viewing at the three libraries with the recording of the virtual 
public meeting (see DATES).
    Submitting Comments: You may submit comments by one of the 
following methods:
     Online: https://www.regulations.gov. Follow the 
instructions for submitting comments to Docket No. FWS-R6-ES-2014-0048.

[[Page 9172]]

     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.
     Public Meetings: Comments will also be accepted at the in-
person and virtual public meetings (see DATES).

Reasonable Accommodations

    Persons needing reasonable accommodations to attend and participate 
in the public meetings should contact the Service'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.

FOR FURTHER INFORMATION CONTACT: Jeff Runge, by phone 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, TTD, 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, the U.S. Fish and Wildlife Service 
(Service), announce the availability of documents related to an 
application for an incidental take permit (ITP) under section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.). The Nebraska Public Power District (NPPD) is 
applying for a 50-year permit associated with incidental take of the 
American burying beetle (Nicrophorus americanus; ABB) during 
construction, operation, and maintenance of a new transmission line in 
central Nebraska (known as the R-Project). NPPD submitted an 
application for an ITP covering the take of ABB to the Service. If 
granted, the ITP would authorize incidental take of ABB resulting from 
the revised HCP's covered activities, as well as incidental take 
resulting from activities carried out as part of the revised HCP's 
conservation strategy. We invite comment on the documents from the 
public and local, State, Tribal, and Federal agencies.

Background

    Section 9 of the ESA and Federal regulations prohibit the taking of 
a species listed as endangered or threatened. The ESA defines ``take'' 
to mean to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct. We 
may issue permits, under limited circumstances, to take listed species 
incidental to, and not the purpose of, otherwise lawful activities. 
Section 10(a)(1)(B) of the ESA and its implementing regulations (50 CFR 
17.22(b) and 17.32(b)) provide for authorizing incidental take of 
listed species. Issuance of an ITP also must not jeopardize the 
existence of federally listed fish, wildlife, or plant species, 
pursuant to section 7 of the ESA and 50 CFR 402.02. The permittee would 
receive assurances under our ``No Surprises'' regulations (50 CFR 
17.22(b)(5) and 17.32(b)(5)).
    The Service issued a Federal Register notice of availability for 
the original ITP application, final habitat conservation plan (final 
HCP), and final environmental impact statement (final EIS) for the R-
Project on February 8, 2019 (84 FR 2900) and issued the ITP on June 12, 
2019. However, on June 17, 2020, the U.S. District Court for the 
District of Colorado issued a decision on a lawsuit challenging the 
Service's decision to issue this ITP under the ESA, the National 
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), and the 
National Historic Preservation Act (16 U.S.C. 470) (Oregon-California 
Trails Association v. Walsh, 1:19 cv 01945-WJM, D. Colo 2020). In its 
ruling, the Court vacated and remanded the ITP to the Service for 
further proceedings consistent with the Court's order. In response to 
the Court vacating the ITP, NPPD prepared the R-Project Transmission 
Line Revised Habitat Conservation Plan (revised HCP) and submitted the 
ITP application. We published a Federal Register notice of intent to 
prepare a SEIS for the R-Project revised HCP on November 18, 2022 (87 
FR 69294).
    The Service has prepared a draft SEIS to address the issues 
identified by the Court and to address new information and changed 
circumstances, as relevant, to the R-Project revised HCP and ITP 
application proposed by NPPD. The ITP application submitted by NPPD 
addresses the potential take of ABB associated with the revised HCP's 
covered activities associated with the R-Project.

Project Information

    The R-Project is a proposed 226-mile transmission line that would 
start at NPPD's Gerald Gentleman Substation near Sutherland, Nebraska; 
go north to a 345-kV substation located in Thomas County near Thedford; 
and then extend eastward to another 345-kV substation sited in Holt 
County, and 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, Nebraska.
    The ITP, if issued, would authorize take of the ABB that may occur 
incidental to the covered activities, which include components of the 
construction, operation, and maintenance of the R-Project and 
implementation of the revised HCP's conservation strategy. The revised 
HCP describes the covered activities, the anticipated impacts to ABB 
from the covered activities, and the measures that NPPD will implement 
to minimize and mitigate such impacts. The revised HCP also includes 
avoidance and minimization measures for ESA-listed species that are not 
covered species but may be present in the revised HCP Study Area (i.e., 
ESA-listed species for which incidental take is not being requested 
because take will be avoided). The revised HCP also describes the 
environmental setting and biological resources present in the study 
area, the biological goals and objectives of the revised HCP, 
monitoring, adaptive management, and funding assurances.

National Environmental Policy Act Background

    The potential issuance of the ITP is considered a Federal action 
under NEPA, and we determined that preparation of a supplemental EIS to 
analyze the potential impacts on the human (biological, physical, 
social, and economic) environment caused by the R-Project and 
implementation of the revised HCP was appropriate. The Draft SEIS also 
addresses the issues identified in the court remand issued on June 17, 
2020. We prepared the Draft SEIS in accordance with the requirements of 
NEPA, with input from cooperating organizations and agencies, including 
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. We analyzed four alternatives in the 
draft SEIS, including the issuance of the ITP and implementation of the 
revised HCP (proposed action), a no action alternative, and two action 
alternatives. The action alternatives include construction of the R-
Project and implementation of the HCP, with the following 
modifications: Alternative A reflects the proposed action from the 
final HCP and FEIS, and Alternative B reflects the use of steel 
monopole construction only.

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    We are seeking public input on the NEPA analysis in the Draft SEIS, 
including the associated impacts of the alternatives, as well as 
comments on the draft revised HCP submitted with the ITP application. 
We will respond to all substantive comments received during the comment 
period in the Final Supplemental EIS. No sooner than 30 days after the 
Final SEIS publication, we will issue a NEPA Record of Decision (ROD).

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 and Decision To Be Made

    We will make a permit decision based on the statutory and 
regulatory criteria of the ESA. This decision will also be informed by 
the data, analyses, and findings in the EIS and public comments 
received on the Draft SEIS and HCP. We will document our determinations 
in an ESA section 10 findings document, ESA section 7 biological 
opinion, and NEPA ROD developed at the conclusion of the ESA and NEPA 
compliance processes. If we find that all requirements for issuance of 
the ITP are met, we will issue the requested permit, subject to terms 
and conditions deemed necessary or appropriate to carry out the 
purposes of ESA Section 10.

Authority

    We provide this notice under 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 NEPA (42 U.S.C. 4321 et seq.) and its implementing regulations (40 
CFR 1506.6 and 43 CFR 46.305).

Marjorie Nelson,
Acting Assistant Regional Director, Ecological Services, Mountain-
Prairie Region.
[FR Doc. 2024-02490 Filed 2-8-24; 8:45 am]
BILLING CODE 4333-15-P