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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Notices implementation of the covered activities described in the draft HCP. We will make the final permit decision no sooner than 30 days after publication of this notice in the Federal Register.
Authority We publish this notice in compliance with section 10c of the Endangered Species Act 16 U.S.C. 15311544 et seq. and its implementing regulations at 40 CFR 17.22 and 17.32; and in furtherance of objectives under the National Environmental Policy Act of 1969, as amended 42 U.S.C. 43214347
et seq., and its implementing regulations at 40 CFR 15001508.
Kim S. Turner, Acting Field Supervisor, Sacramento Fish and Wildlife Office, Sacramento, California.
FR Doc. 202118449 Filed 82621; 8:45 am BILLING CODE 431055P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service FWSR2ES2020N156;
FXES11140200000212FF02ENEH00

Application for an Incidental Take Permit; Habitat Conservation Plan and Draft Environmental Assessment for Wildhorse Mountain Wind Project, Pushmataha County, Oklahoma Fish and Wildlife Service, Interior.
ACTION: Notice of availability; request for comments.
AGENCY:

We, the U.S. Fish and Wildlife Service Service, announce the availability of a draft environmental assessment dEA under the National Environmental Policy Act NEPA, and application for an incidental take permit ITP supported by a habitat conservation plan HCP for the operation of an existing wind facility, the Wildhorse Mountain Wind project project, in Pushmataha County, Oklahoma. Wildhorse Wind Energy, LLC Applicant has applied for an ITP
under the Endangered Species Act of 1973, as amended. The requested ITP, which would be in effect for a period of 30 years, if granted, would cover incidental take of the federally endangered Indiana bat and threatened northern long-eared bat. The potential incidental take would be associated with activities associated with the operation of the existing wind project.
We invite public comments on the permit application, proposed HCP, and dEA.
DATES: Submission of Comments: We will accept comments received or
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postmarked on or before September 27, 2021.
ADDRESSES:
Obtaining documents: The documents this notice announces are available for public inspection by any of the following means.
Internet: You may obtain electronic copies of the dEA and HCP on the Oklahoma Field Office website at http
www.fws.gov/southwest/es/oklahoma/.
U.S. Mail: You may obtain the documents at the following addresses.
In your request for documents, please note that your request is in reference to the Wildhorse Mountain Wind Project HCP and dEA.
EA and HCP: A limited number of CDROM and printed copies of the EA
and HCP are available, by request, from Ken Collins, Acting Field Supervisor, Oklahoma Ecological Services Field Office, Tulsa OK, telephone 918581
7458.
The ITP application is available by mail from the Regional Director, U.S.
Fish and Wildlife Service, P.O. Box 1306, Room 6034, Albuquerque, NM
87103.
Submitting Comments You may submit written comments by one of the following methods:
Email: okes_nepa@fws.gov; or Facsimile: 9185817467, Attn:
OKES Wildhorse Mountain Wind Project HCP EA.
U.S. mail: Field Supervisor, Oklahoma Ecological Services Field Office, 9014 East 21st Street, Tulsa, Oklahoma 741291428.
Please specify that your information request or comments concern the Wildhorse Mountain Wind Project EA/
HCP.
FOR FURTHER INFORMATION CONTACT: Ken Collins, by U.S. mail at the U.S. Fish and Wildlife Service, Oklahoma Ecological Services Field Office at the Tulsa street address above, or by phone at 9185817458. If you use a telecommunications device for the deaf TDD, please call the Federal Information Relay Service at 800877
8339.
SUPPLEMENTARY INFORMATION: The Applicant has applied to the Service for an ITP under section 10a1B of the Endangered Species Act of 1973, as amended ESA; 16 U.S.C. 1531 et seq..
The requested ITP, which would be in effect for a period of 30 years, if granted, would authorize incidental take of the federally endangered Indiana bat Myotis sodalis and threatened northern long-eared bat Myotis septentrionalis during the operation of an existing wind facility in Pushmataha County, Oklahoma.

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In total, the plan area is 13,731.6
acres, including the 13,641.6-acre wind facility and an off-site mitigation area 90 acres of contiguous forested habitat in Pushmataha County. The facility, constructed in 2019, consists of 29 wind turbines, with a total generating capacity of 100 megawatts.
Activities potentially causing take include the operation of the existing 29
wind turbines. The Applicant has proposed a HCP that would be implemented to address project impacts to the Indiana bat and northern longeared bat.
We are notifying the public of the Applicants proposal of an HCP and request to the Service for an ITP to cover incidental take of the Indiana bat and northern long-eared bat associated with the operation of the Wildhorse Mountain Wind facility. In addition, we are notifying the public of the Services preparation of a dEA regarding impacts of the requested action or feasible alternatives, of an opportunity for public comment on our action, and of our intention to finalize the environmental assessment after consideration of public comment.
Background Section 9 of the ESA prohibits take of fish and wildlife species listed as endangered or threatened 16 U.S.C.
15311544. Under section 3 of the ESA, the term take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct 16 U.S.C.
153219. The term harm is further defined by regulation as an act which actually kills or injures wildlife. Such acts 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 17.3.
Under section 10a1B of the ESA, the Secretary of the Interior may authorize the taking of federally listed species if such taking occurs incidental to otherwise legal activities and where a conservation plan has been developed under ESA section 10a2A that describes 1 the impact that will likely result from such taking; 2 the steps an Applicant will take to minimize and mitigate that take to the maximum extent practicable, and the funding that will be available to implement such steps; 3 the alternative actions to such taking that an Applicant considered and the reasons why such alternatives are not being utilized; and 4 other measures that the Service may require as being necessary or appropriate for the purposes of the plan. Issuance criteria
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