5564 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Notices

DEPARTMENT OF THE INTERIOR Tehachapi Upland Draft MSHCP/SEIS incidental to, and not the purpose of, Comments. carrying out an otherwise lawful Fish and Wildlife Service Hard bound copies of the SDEIS, TU activity. Regulations governing permits MSHCP, and IA are available for for threatened species and endangered [FWS–R8–2011–N270; FF08E00000– viewing at the following locations: species, respectively, are at 50 CFR FXES11120800000F2–112] 1. U.S. Fish and Wildlife Service, 17.32 and 50 CFR 17.22. Tehachapi Uplands Multiple Species 2493 Portola Road, Suite B, Ventura, CA Although take of listed species Habitat Conservation Plan; Kern 93003. is not prohibited under the Act, and County, CA 2. Kern County Library, Frazier Park therefore cannot be authorized by an Branch, 3732 Park Drive, Frazier Park, incidental take permit, plant species AGENCY: Fish and Wildlife Service, CA 93225. may be included on a permit in Interior. FOR FURTHER INFORMATION CONTACT: recognition of the conservation benefits ACTION: Notice of availability of Steve Kirkland, Fish and Wildlife provided to them by a habitat Supplemental Draft Environmental Biologist, U.S. Fish and Wildlife conservation plan. All species included Impact Statement. Service, at 805–644–1766. on an incidental take permit would receive assurances under the Service’s SUPPLEMENTARY INFORMATION: SUMMARY: The Fish and Wildlife Service ‘‘No Surprises’’ regulation [50 CFR (Service) announces the availability of a Introduction 17.22(b)(5) and 17.32(b)(5)]. Supplemental Draft Environmental The Applicant seeks a 50-year We have received an application for Impact Statement (SDEIS) for the incidental take permit for covered an incidental take permit covering 27 Tehachapi Uplands Multiple Species activities within 141,886 acres of listed and unlisted species that may be Habitat Conservation Plan (TU MSHCP) covered lands on Tejon Ranch lands in taken or otherwise affected by on-going and the draft TU MSHCP and Kern County, . Activities ranch activities and future low density Implementing Agreement (IA), for covered by the permit would include residential and commercial public review and comment. The SDEIS ongoing activities that have historically development activities on a portion of updates the analysis presented in the occurred at the Ranch, such as grazing the Tejon Ranch. The Applicant has 2009 Draft EIS on the TU MSHCP, and film production, as well as planned prepared the plan to satisfy the which we released for public comment future community development of requirements for a section 10(a)(1)(B) on February 4, 2009. Specifically, the approximately 5,533 acres within and permit (‘‘permit’’) under the Act (16 SDEIS addresses comments on the 2009 adjacent to the Interstate-5 corridor in U.S.C. 1531 et seq.). The permit is Draft EIS, and considers a 2010 analysis the Tejon Mountain Village Planning requested to authorize the incidental by the U.S. Geological Survey on Area and the Lebec/Existing take of species that could potentially occurrence of California condor in and Headquarters area, and take result from plan-wide activities around the TU MSHCP Covered Lands. minimization, mitigation and occurring throughout the 141,886 acres We are considering the issuance of a conservation measures provided under of lands proposed to be covered by the 50-year incidental take permit (permit) the TU MSHCP. The permit would not permit (‘‘covered lands’’), and from for 27 species in response to receipt of cover hunting or mineral extraction. approximately 5,533 acres of mountain an application prepared by Tejon Ranch Species proposed for coverage in the resort and other development within Corporation (Tejon or Applicant) TU MSHCP are species that are and adjacent to the Interstate 5 corridor pursuant to the Endangered Species Act currently listed as federally threatened and Lebec community within the of 1973, as amended (Act). or endangered or have the potential to covered lands in Kern County, become listed during the term of the DATES: Written comments must be California. The TU MSHCP proposes a permit and have some likelihood to received by on or before May 3, 2012. conservation strategy to minimize and occur within the plan area. Should any ADDRESSES: Obtaining Documents: You mitigate to the maximum extent of the unlisted covered wildlife species may download copies of the SDEIS, TU practicable any impacts that could occur become listed under the Act during the MSHCP and IA on the Internet at to covered species as the result of the term of the permit, take authorization http://www.fws.gov/ventura/. covered activities. for those species would become Alternatively, you may use one of the effective upon listing. Twenty-one Background methods below to request hard copies or animal species and six plant species are a CD–ROM of the documents. Section 9 of the Act and Federal known or have the potential to occur Submitting Comments: You may regulations prohibit the ‘‘take’’ of within the plan area and are proposed submit comments or requests for copies wildlife species listed as endangered or to be covered by the permit (Covered or more information by one of the threatened (16 U.S.C. 1538). The Act Species). The permit would include the following methods. defines the term ‘‘take’’ as to harass, following federally listed animal • Email: [[email protected]]. harm, pursue, hunt, shoot, wound, kill, species: California condor (Gymnogyps Include ‘‘Tehachapi Upland Draft trap, capture, or collect listed species, or californianus—federally listed as MSHCP/SEIS Comments’’ in the subject to attempt to engage in such conduct (16 endangered and state listed as line of the message. U.S.C. 1532). Harm includes significant endangered and fully protected), least • U.S. Mail: Roger Root, Assistant habitat modification or degradation that Bell’s vireo (Vireo bellii pusillus— Field Supervisor, U.S. Fish and Wildlife actually kills or injures listed wildlife federally listed as endangered), Service, 2493 Portola Road, Suite B, by significantly impairing essential southwestern willow flycatcher Ventura, CA 93003. behavioral patterns, including breeding, (Empidonax traillii extimus—federally • In-Person Drop-off, Viewing, or feeding, and sheltering [50 CFR 17.3(c)]. listed as endangered), and Valley Pickup: Call (805) 644–1766 to make an Pursuant to section 10(a)(1)(B) of the elderberry longhorn beetle (Democerus appointment during regular business Act, the Service may issue permits to californicus dimorphus—federally listed hours at the above address. authorize ‘‘incidental take’’ of listed as threatened). The permit would also • Fax: Roger Root, Assistant Field animal species. ‘‘Incidental Take’’ is include the following species currently Supervisor, (805) 644–3958, Attn.: defined by the Act as take that is unlisted under the Act: western yellow-

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billed cuckoo (Coccyzus americanus general and species-specific take in the 2009 Draft EIS. The alternative occidentalis—Federal candidate for avoidance, minimization, and has been updated to reflect the TMV listing); Tehachapi slender salamander mitigation measures to reduce potential Project Approvals, including approved (Batrachoseps stebbinsi ), bald eagle impacts to the covered species. With mitigation measures required by the (Haliaeetus leucocephalus), American regard to the California condor, the plan County, to reflect clarifications made to peregrine falcon (Falco peregrinus requires the ongoing monitoring of the California condor mitigation anatum), little willow flycatcher covered activities by a qualified measures proposed in the applicant’s (Empidonax traillii brewsteri), golden biologist to reduce the potential for any revised MSCHP, and to reflect that the eagle (Aquila chrysaetos), white-tailed human/condor interactions and the options to purchase easements over the kite (Elanus leucurus), ringtail permanent enforcement of covenants, areas formerly referred to as Potential (Bassariscus astutus), tricolored conditions, and restrictions on Open Space have been recorded per the blackbird (Agelaius tricolor), Tehachapi residential development to minimize terms of the Ranchwide Agreement pocket mouse (Perognathus alticola any impacts to condors. The plan also (referred to as Existing Conservation inexpectatus), burrowing owl (Athene provides funding for condor capture, Easement Areas). Where appropriate, we cunicularia), yellow-blotched care, and relocation in the unlikely added information or required salamander (Ensatina eschscholtzii event that a condor becomes habituated mitigation measures associated with the croceater), western spadefoot (Spea to human activities. No lethal take of TMV Project approvals to the SDEIS. hammondii), purple martin (Progne condors would be authorized under the The Condor Only HCP Alternative subis), yellow warbler (Dendroica permit. continues to represent a species petechia brewsteri), coast horned lizard) National Environmental Policy Act management approach that addresses (Phrynosoma coronatum (both frontale Compliance only the California condor; the and blainvillii populations), two-striped protection measures for the other The Service’s proposed issuance of an garter snake (Thamnophis hammondii), federally listed species would be incidental take permit is a Federal round-leaved filaree (Erodium determined as a result of project-specific action and triggers the need for macrophyllum), Fort Tejon woolly review and approval processes triggered compliance with the National sunflower ( lanatum var. by applicant requests. Like the Proposed Environmental Policy Act (NEPA). The hallii), Kusche’s sandwort (Arenaria TU MSHCP Alternative, the Condor Service has prepared a SDEIS that macradenia var. kuschei), Tehachapi Only HCP Alternative has been updated buckwheat (Eriogonum callistum), evaluates the impacts of proposed issuance of the permit and to reflect the TMV Project Approvals striped adobe lily (Fritillaria striata), and to include the land conservation and Tejon poppy (Eschscholzia implementation of the TU MSHCP, and also evaluates the impacts of a requirements contained in the lemmonii ssp. kernensis). Ranchwide Agreement. Under the The TU MSHCP includes a reasonable range of alternatives. Ranchwide Agreement, general plan conservation strategy intended to avoid, The SDEIS analyzes four alternatives development areas previously identified minimize, and mitigate to the maximum in addition to the proposed TU MSHCP, for the Condor Only HCP Alternative extent practicable any impacts that summarized above. The Service has become Established Open Space Areas. would occur to covered species as the identified the proposed TU MSHCP as Therefore, the development area under result of the covered activities. Under the Preferred Alternative. Additional the Condor Only HCP Alternative is the plan, and consistent with the Tejon alternatives are described below. Ranch Conservation and Land Use The No Action Alternative (referred to now the same as the development area Agreement between Tejon and the as the No Action/No MSCHP under the Proposed TU MSHCP Sierra Club, National Audubon Society, Alternative in the 2009 Draft EIS) has Alternative. Natural Resources Defense Council, been revised. For the purposes of A new alternative, the Condor Critical Endangered Habitats League, and analysis, this alternative now assumes Habitat (CCH) Avoidance MSHCP Planning and Conservation League, no that the Ranchwide Agreement would Alternative, has been added to this land development would be allowed remain in effect, that development of SDEIS to address several public within approximately 93,522 acres of the TMV Project and other future comments that proposed development Covered Lands, including the commercial or residential development areas be reconfigured to avoid federally approximately 37,100 acre Tunis and allowed within the Covered Lands designed critical habitat for California Winters ridge area, which is designated under the Ranchwide Agreement would condor. Under this alternative, no as the Condor Study Area under the not occur, and that Existing Ranch Uses commercial or residential development plan and is the area of the ranch most would continue at current levels into would occur in any designated critical likely to be frequented by condors. An the future. The conditions of approval habitat for California condor. The TMV additional 23,001 acres would be for the TMV Project by Kern County Project would not occur, as that project preserved as open space within the identify certain actions to be undertaken would extend into California condor Tejon Mountain Village planning area, by the Service, including directing the critical habitat. Instead, development resulting in the permanent conservation operation of a feeding station and would follow Kern County General Plan of approximately 82 percent of the capture of condors that have become designations and would cluster most Covered Lands (TU MSHCP Mitigation habituated. The No Action Alternative commercial and residential Lands). does not assume future action on the development in the southwestern Upon initiation of construction of the part of the Service, including future portion of the Covered Lands, in the Tejon Mountain Village development, action identified as a condition of Kern portion of the TMV Planning Area the TU MSCHP requires that the County’s approval of the TMV Project. nearest to Interstate 5 (I–5), and in areas Mitigation Lands be permanently Instead, it is assumed the Service would outside condor critical habitat. The CCH protected by phased recordation of continue to provide technical assistance Avoidance MSHCP Alternative also conservation easements or equivalent to Tejon regarding the California assumes implementation of the legal restrictions over all such lands by condor. Ranchwide Agreement, where the end of the permit term. The TU The proposed TU MSHCP Alternative development boundaries outside critical MSCHP also requires implementation of generally remains the same as described habitat conform to the development

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setbacks and general boundaries Decision Dated: January 26, 2012. provided in that agreement. Larry Echo Hawk, The Kern County General Plan The Service will evaluate the Assistant Secretary—Indian Affairs. application, associated documents, and Buildout Alternative (referred to as the [FR Doc. 2012–2441 Filed 2–2–12; 8:45 am] comments submitted before preparing a MSHCP General Plan Buildout BILLING CODE 4310–4N–P Alternative in the 2009 Draft EIS) has final EIS. A permit decision will be also been revised. While the Ranchwide made no sooner than 30 days after the Agreement has resulted in the final EIS is filed with EPA, published DEPARTMENT OF THE INTERIOR recordation of conservation easements and the Record of Decision is on 12,795 acres of the Covered Lands completed. Bureau of Land Management (Existing Conservation Easement Areas), This notice is provided pursuant to [LLNMP02000 L71220000.EX0000 the remainder of the Covered Lands to section 10(a) of the Act and pursuant to LVTFGX9G4200] be precluded from development under implementing regulations for NEPA the Ranchwide Agreement do not (40 CFR 1506.6). Notice of Availability of the Final EIS currently have conservation easements for the HB In-Situ Solution Mine Dated: January 19, 2012. recorded. As noted above, because the Project, Eddy County, New Mexico Ranchwide Agreement is a private Alexandra Pitts, AGENCY: Bureau of Land Management, agreement between parties and Service Deputy Regional Director, Pacific Southwest Interior. is not a party to and has no contractual Region, Sacramento, California. standing under the agreement, it can be [FR Doc. 2012–2294 Filed 2–2–12; 8:45 am] ACTION: Notice of Availability. amended (or even terminated) by BILLING CODE: P SUMMARY: In accordance with the mutual agreement of the parties such National Environmental Policy Act of that the land preservation outcome of 1969, as amended, and the Federal Land DEPARTMENT OF THE INTERIOR the Ranchwide Agreement on Covered Policy and Management Act of 1976, as Lands may not be realized. While the Bureau of Indian Affairs amended, the Bureau of Land Service considers the likelihood remote Management (BLM) has prepared a that the Ranchwide Agreement would Indian Gaming Final Environmental Impact Statement be terminated, for purposes of (Final EIS) for the HB In-Situ Solution comprehensive NEPA analysis, this AGENCY: Bureau of Indian Affairs, Mine Project, and by this notice is alternative does not assume announcing its availability. continuation of the Ranchwide Interior. DATES: The BLM will not issue a final Agreement except for the permanent ACTION: Notice of Tribal—State Class III decision on the proposal for a minimum protection of the already-recorded Gaming Compact Taking Effect. conservation easements on the Existing of 30 days after the date that the Conservation Easement Lands. Environmental Protection Agency SUMMARY: This publishes notice of the publishes its Notice of Availability of Under the Kern County General Plan Tribal-State Compact between the State the Final EIS in the Federal Register. Buildout Alternative, development is of California and the Pinoleville Pomo ADDRESSES: Copies of the HB In-Situ assumed to proceed in accordance with Nation Taking Effect. the Kern County General Plan, Solution Mining EIS are available for including implementation of the TMV DATES: Effective Date: February 3, 2012. public inspection at the Carlsbad Field Office, 620 E. Greene St., Carlsbad, New Project (per the TMV Project FOR FURTHER INFORMATION CONTACT: Approvals). Development of the Mexico 88220. Interested persons may Paula L. Hart, Director, Office of Indian also review the Final EIS on the Internet Covered Lands would require Kern Gaming, Office of the Deputy Assistant County approval, and the SDEIS at http://www.nm.blm.gov/cfo/HBIS/ Secretary—Policy and Economic index.html. assumes that it would proceed on a Development, , DC 20240, FOR FURTHER INFORMATION CONTACT: For project-by-project basis and that the (202) 219–4066. Service would issue incidental take further information contact David authorization as appropriate through SUPPLEMENTARY INFORMATION: Under Alderman, Project Manager; telephone either the ESA Section 7 or Section 10 section 11 of the Indian Gaming 575–234–6232; address 620 E. Greene process. Regulatory Act of 1988 (IGRA) Public St. Carlsbad, New Mexico 88220; email Law 100–497, 25 U.S.C. 2710, the [email protected]. Persons who Public Comments Secretary of the Interior shall publish in use a telecommunications device for the If you wish to comment on the permit the Federal Register notice of approved deaf (TDD) may call the Federal application, SDEIS, TU MSHCP, or draft Tribal—State compacts for the purpose Information Relay Service (FIRS) at 1– IA, you may submit your comments to of engaging in Class III gaming activities (800) 877–8339 to contact the above the address listed in ADDRESSES. Before on Indian lands. The Compact allows individual during normal business including your address, phone number, for one gaming facility and authorizes hours. The FIRS is available 24 hours a email address, or other personal up to 900 gaming devices, any banking day, 7 days a week, to leave a message identifying information in your or percentage card games, and any or question with the above individual. comment, you should be aware that devices or games authorized under State You will receive a reply during normal your entire comment—including your law to the State lottery. The Compact business hours. personal identifying information—may also authorizes limited annual payments SUPPLEMENTARY INFORMATION: Intrepid be made publicly available at any time. to the State for statewide exclusivity. Potash, Inc. (Intrepid) is proposing to While you may ask us in your comment Finally, the term of the compact is until extract the potash, a potassium to withhold your personal identifying December 31, 2031. This Compact is compound commonly used for fertilizer, information from public review, we considered to have been approved, but remaining in inactive underground cannot guarantee that we will be able to only to the extent that the Compact is mine workings using the solution do so. consistent with the provisions of IGRA. mining method. Intrepid proposes to

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