80 FR 34170 - Notice of Intent To Prepare a Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement to the Draft Environmental Impact Statement on the Bay Delta Habitat Conservation Plan and Natural Community Conservation Plan for the Sacramento-San Joaquin Delta, California
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation Federal Register Volume 80, Issue 114 (June 15, 2015)
Bureau of Reclamation
Federal Register Volume 80, Issue 114 (June 15, 2015)
| Page Range | 34170-34172 | |
| FR Document | 2015-14649 |
[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)] [Notices] [Pages 34170-34172] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14649] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR02800000, RX.18527914.2050100, 15XR0687ND] Notice of Intent To Prepare a Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement to the Draft Environmental Impact Statement on the Bay Delta Habitat Conservation Plan and Natural Community Conservation Plan for the Sacramento-San Joaquin Delta, California AGENCY: Bureau of Reclamation, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Bureau of Reclamation and the California Department of Water Resources intend to prepare a partially Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement (RDEIR/SDEIS) on the Draft Bay Delta [[Page 34171]] Conservation Plan and Natural Community Conservation Plan (BDCP, or the Plan). The RDEIR/SDEIS will describe and analyze refinement of the resource area analyses, alternatives, and actions, including additional alternatives that describe conveyance alternatives that do not contain all the elements of a Habitat Conservation Plan/Natural Communities Conservation Plan that are described in the previously circulated Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS). FOR FURTHER INFORMATION CONTACT: Ms. Michelle Banonis, Bureau of Reclamation, (916) 930-5676. SUPPLEMENTARY INFORMATION: Background On January 24, 2008, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) issued a Notice of Intent (NOI) to prepare an EIS on the BDCP (73 FR 4178). The NOI was re-issued on April 15, 2008, to include the Bureau of Reclamation (Reclamation) as a co-lead Federal agency, update the status of the planning process, and provide updated information related to scoping meetings (73 FR 20326). The April 15, 2008, NOI identified scoping meeting locations and stated that written comments would be accepted until May 30, 2008. Additional information was later developed to describe the proposed BDCP, and subsequent scoping activities were initiated on February 13, 2009, with the publication of a revised NOI (74 FR 7257). The NOI identified scoping meeting locations and stated that written comments would be accepted until May 14, 2009. In 2008, ten public scoping meetings were held throughout California. In spring 2009, a summary update was produced and distributed about the development of the Plan to interested members of the public, including details of individual elements of the plan (referred to in the Plan as ``conservation measures'') that were being considered as part of the conservation strategy. Ten additional public scoping meetings were then held throughout California, seeking input about the scope of covered activities and potential alternatives to the proposed action. In December 2010, the California Natural Resources Agency disseminated to the public a summary of the BDCP, its status, and a list of outstanding issues. In 2011 and 2012, public meetings continued in Sacramento, California, to update stakeholders and the public on elements of the draft BDCP and EIR/EIS that were being developed. On December 13, 2013, the Draft BDCP and associated Draft EIR/EIS were released to the public and a 120-day public comment period was opened through notification in the Federal Register (78 FR 75939). That notice described the proposed action and a reasonable range of alternatives. In response to requests from the public, the comment period was extended for an additional 60 days and closed on June 13, 2014 (79 FR 17135; March 27, 2014). A Draft Implementing Agreement was also made available to the public on May 30, 2014, for a 60-day review and comment period, which closed on July 29, 2014. The comment period of the Draft EIR/EIS was also extended to the later date. All draft documents are available at www.baydeltaconservationplan.com. As a result of considering comments on the Draft BDCP, Draft EIR/ EIS, and Draft Implementing Agreement, Reclamation and the California Department of Water Resources have proposed three additional conveyance alternatives for analysis in the RDEIR/SDEIR. Each of these alternatives contains fewer Conservation Measures than the conveyance alternatives circulated in the Draft EIS/EIR. Specifically, the new alternatives no longer contain the following Conservation Measures: CM- 2 Yolo Bypass Fisheries Enhancement; CM-5 Seasonally Inundated Floodplain Restoration; CM-8 Grassland Natural Community Restoration; CM-13 Invasive Aquatic Vegetation Control; CM-14 Stockton Deep Water Ship Channel Dissolved Oxygen Levels; CM-17 Illegal Harvest Reduction; CM-18 Conservation Hatcheries; CM-19 Urban Stormwater Treatment; CM-20 Recreational Users Invasive Species Program; and CM-21 Non-project Diversions. The new alternatives contain modified versions of the following Conservation Measures: CM-3 Natural Communities Protection and Restoration; CM-4 Tidal Natural Communities Restoration; CM-6 Channel Margin Enhancement; CM-7 Riparian Natural Community Restoration; CM-9 Vernal Pool and Alkali Seasonal Wetland Complex Restoration; CM-10 Nontidal Marsh Restoration; CM-11 Natural Communities Enhancement and Management; CM-12 Methylmercury Management; CM-15 Localized Reduction of Predatory Fishes; and CM-16 Non-Physical Fish Barriers. The new alternatives are not structured as a Habitat Conservation Plan/Natural Communities Conservation Plan but are structured to achieve compliance with the Federal Endangered Species Act through consultation under Section 7 and the California Endangered Species Act through the incidental take permit process under Section 2081(b) of the California Fish & Game Code. DWR has identified one of the new alternatives, Alternative 4A, as their proposed project. Alternative 4A will consist of a water conveyance facility with three intakes, habitat restoration measures necessary to minimize or avoid project effects, and the previously described Conservation Measures. Alternative 4A is proposed by DWR to make physical and operational improvements to the State Water Project system in the Delta necessary to restore and protect ecosystem health, water supplies of the SWP and Central Valley Project south-of-Delta, and water quality within a stable regulatory framework, consistent with statutory and contractual obligations. The RDEIR/SDEIS will also analyze the impacts for two additional alternatives: Alternative 2D, which will consist of a water conveyance facility with five intakes, and Alternative 5A, which will consist of a water conveyance facility with one intake. Both of these alternatives will contain the habitat restoration measures necessary to minimize or avoid project effects, and the previously described Conservation Measures listed above. In addition, the RDEIR/SDEIR will describe and analyze project modifications and refinement of the resource area analyses, alternatives, and actions. Reclamation will be the Federal lead agency and NMFS, USFWS, and the U.S. Army Corps of Engineers, by virtue of their regulatory review requirements, will be cooperating agencies for the RDEIR/SDEIR. All other entities identified as Cooperating Agencies through prior agreements will retain their status for the RDEIR/SDEIR. If one of these additional alternatives is selected as the preferred alternative, it would be analyzed through the interagency consultation process under Section 7 of the Federal Endangered Species Act and the California Endangered Species Act through Section 2081(b) of the California Fish & Game Code. Further, the RDEIR/SDEIS will evaluate alternatives to support a determination of the Least Environmentally Damaging Practicable Alternative by the U.S. Army Corps of Engineers. The RDEIR/SDEIS is being prepared under the National Environmental Policy Act (NEPA) and California Environmental Quality Act. Based on project revisions and in consideration of comments received on [[Page 34172]] the Draft BDCP, Draft EIR/EIS, and Draft Implementing Agreement, the State and Federal lead agencies recognize that additional information is appropriate to address comments and to enhance the environmental analysis. Council on Environmental Quality regulations for implementing NEPA (40 CFR 1502.9(c)) do not require any additional scoping for a supplement to a Draft EIS, and the lead agencies are not proposing any scoping process for this RDEIR/SDEIS in addition to the scoping that has already been done for the draft EIR/EIS as described above. For further background information, see the December 13, 2013 Federal Register notice (78 FR 75939). Dated: May 22, 2015. Pablo R. Arroyave, Deputy Regional Director, Mid-Pacific Region. [FR Doc. 2015-14649 Filed 6-12-15; 8:45 am] BILLING CODE 4332-90-P
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The Review Committee is soliciting The Review Committee will consider to the identity or cultural affiliation of
presentations from Indian tribes, Native requests, pursuant to 25 U.S.C. cultural items, or the return of such
Hawaiian organizations, museums, and 3006(c)(4), to convene parties and items; facilitating the resolution of
Federal agencies on the following two facilitate the resolution of a dispute, disputes; compiling an inventory of
topics: (1) The progress made, and any where consensus clearly has not been culturally unidentifiable human
barriers encountered, in implementing reached among affected parties remains that are in the possession or
NAGPRA and (2) the outcomes of regarding the identity or cultural control of each Federal agency and
disputes reviewed by the Review affiliation of human remains or other museum, and recommending specific
Committee pursuant to 25 U.S.C. cultural items, or the return of such actions for developing a process for
3006(c)(4). The Review Committee also items. A request to convene parties and disposition of such human remains;
will consider other presentations from facilitate the resolution of a dispute consulting with Indian tribes and Native
Indian tribes, Native Hawaiian must be accompanied by a statement of Hawaiian organizations and museums
organizations, museums, Federal the decision of the museum or Federal on matters affecting such tribes or
agencies, associations, and individuals. agency subject to the dispute resolution organizations lying within the scope of
A presentation request must, at request, a statement of the issue, and the work of the Review Committee;
minimum, include an abstract of the materials exchanged by the parties consulting with the Secretary of the
presentation and contact information for concerning the Native American human Interior on the development of
the presenter(s). Presentation requests remains and/or other cultural items. To regulations to carry out NAGPRA; and
and materials must be received by access procedures for presenting making recommendations regarding
October 14, 2015. Written comments disputes, go to http://www.nps.gov/ future care of repatriated cultural items.
will be accepted from any party and nagpra/REVIEW/Procedures.htm. The Review Committee’s work is carried
provided to the Review Committee. Requests to convene parties and out during the course of meetings that
Written comments received by October facilitate resolution of a dispute must be are open to the public.
29, 2015, will be provided to the Review received by July 22, 2015. Before including your address,
Committee before the meeting. Written Submissions and requests should be telephone number, email address, or
comments received later than October sent to nagpra_dfo@nps.gov. Such items other personal identifying information
29, 2015, will be provided to the Review are subject to posting on the National in your submission, you should be
Committee at the meeting. NAGPRA Program Web site prior to the aware that your entire submission—
meeting. including your personal identifying
The Review Committee will consider
information—may be made publicly
requests for a recommendation to the December 14, 2015
available at any time. While you may
Secretary of the Interior that an agreed- The Review Committee will meet via ask us to withhold your personal
upon disposition of Native American teleconference on December 14, 2015, identifying information from public
human remains determined to be CUI from 2:00 p.m. until approximately 4:00 review, we cannot guarantee that we
proceed. A CUI disposition request must p.m. (Eastern), for the sole purpose of will be able to do so.
include the appropriate, completed form finalizing the Review Committee Report
posted on the National NAGPRA Dated: June 9, 2015.
to Congress, should the report not be
Program Web site and, as applicable, the Shirley Sears,
finalized by November 19. This meeting
ancillary materials noted on the form. will be open to the public. Those who Acting Chief, Office of Policy.
To access and download the appropriate desire to attend the meeting should [FR Doc. 2015–14551 Filed 6–12–15; 8:45 am]
form—either the form for CUI with a register at http://www.nps.gov/nagpra to BILLING CODE 4310–EE–P
‘‘tribal land’’ or ‘‘aboriginal land’’ be provided the telephone access
provenience or the form for CUI without number for the meeting. A transcript
a ‘‘tribal land’’ or ‘‘aboriginal land’’ and minutes of the meeting will also DEPARTMENT OF THE INTERIOR
provenience—go to http://www.nps.gov/ appear on the Web site.
nagpra, and then click on ‘‘Request for Bureau of Reclamation
CUI Disposition Forms.’’ CUI General Information [RR02800000, RX.18527914.2050100,
disposition requests must be received by Information about NAGPRA, the 15XR0687ND]
September 9, 2015. Review Committee, and Review
The Review Committee will consider Committee meetings is available on the Notice of Intent To Prepare a
requests, pursuant to 25 U.S.C. National NAGPRA Program Web site at Recirculated Draft Environmental
3006(c)(3), for review and findings of http://www.nps.gov/nagpra. For the Impact Report/Supplemental Draft
fact related to the identity or cultural Review Committee’s meeting Environmental Impact Statement to the
affiliation of human remains or other procedures, click on ‘‘Review Draft Environmental Impact Statement
cultural items, or the return of such Committee,’’ then click on on the Bay Delta Habitat Conservation
items, where consensus among affected ‘‘Procedures.’’ Meeting minutes may be Plan and Natural Community
parties is unclear or uncertain. A accessed by going to the Web site, then Conservation Plan for the Sacramento-
request for findings of fact must be clicking on ‘‘Review Committee,’’ and San Joaquin Delta, California
accompanied by a statement of the then clicking on ‘‘Meeting Minutes.’’ AGENCY: Bureau of Reclamation,
fact(s) at issue and supporting materials, Approximately fourteen weeks after Interior.
including those exchanged by the each Review Committee meeting, the
asabaliauskas on DSK5VPTVN1PROD with NOTICES
ACTION: Notice.
parties to consultation concerning the meeting transcript is posted on the
Native American human remains and/or National NAGPRA Program Web site. SUMMARY: The Bureau of Reclamation
other cultural items. To access Review Committee members are and the California Department of Water
procedures for presenting findings of appointed by the Secretary of the Resources intend to prepare a partially
fact, go to http://www.nps.gov/nagpra/ Interior. The Review Committee is Recirculated Draft Environmental
REVIEW/Procedures.htm. Requests for responsible for monitoring the NAGPRA Impact Report/Supplemental Draft
findings of fact must be received by inventory and identification process; Environmental Impact Statement
August 26, 2015. reviewing and making findings related (RDEIR/SDEIS) on the Draft Bay Delta
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![34172 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices
the Draft BDCP, Draft EIR/EIS, and Draft Office of the Secretary, U.S. Park, New Jersey, based on settlement
Implementing Agreement, the State and International Trade Commission, 500 E agreements. See Notice of Commission
Federal lead agencies recognize that Street SW., Washington, DC 20436, Determination to Grant a Joint Motion to
additional information is appropriate to telephone 202–205–2000. General Terminate the Investigation as to
address comments and to enhance the information concerning the Commission Respondents Samsung Electronics Co.,
environmental analysis. Council on may also be obtained by accessing its Ltd. Samsung Electronics America, Inc.
Environmental Quality regulations for Internet server (http://www.usitc.gov). on the Basis of a Settlement Agreement
implementing NEPA (40 CFR 1502.9(c)) The public record for this investigation (Sept. 2, 2014); Notice of Commission
do not require any additional scoping may be viewed on the Commission’s Determination Not to Review an Initial
for a supplement to a Draft EIS, and the electronic docket (EDIS) at http:// Determination Terminating the
lead agencies are not proposing any edis.usitc.gov. Hearing-impaired Investigation In Part as to Respondents
scoping process for this RDEIR/SDEIS in persons are advised that information on Panasonic and Nintendo (Mar. 30,
addition to the scoping that has already this matter can be obtained by 2015).
been done for the draft EIR/EIS as contacting the Commission’s TDD On December 4, 2014, the
described above. terminal on 202–205–1810. Commission affirmed, with modified
For further background information, SUPPLEMENTARY INFORMATION: The reasoning, the ALJ’s determination to
see the December 13, 2013 Federal Commission instituted this investigation terminate the investigation with respect
Register notice (78 FR 75939). on October 25, 2013, based on a to the Wild Patents based on Optical
Dated: May 22, 2015. Complaint filed by Optical Devices, LLC Devices’ lack of standing to assert the
Pablo R. Arroyave, of Peterborough, New Hampshire Wild Patents. On the same day, the
Deputy Regional Director, Mid-Pacific Region. (‘‘Optical Devices’’), as supplemented. Commission vacated the ALJ’s finding
[FR Doc. 2015–14649 Filed 6–12–15; 8:45 am]
78 FR 64009 (Oct. 25, 2013). The that Optical Devices lacked standing
Complaint alleges violations of section with respect to the Kadlec Patents, and
BILLING CODE 4332–90–P
337 of the Tariff Act of 1930, as remanded the investigation to the ALJ
amended, 19 U.S.C. 1337, by reason of for further proceedings.
infringement of certain claims of U.S. After re-opening discovery and
INTERNATIONAL TRADE Patent Nos. 6,904,007; 7,196,979;
COMMISSION receiving additional briefing from the
8,416,651 (collectively, ‘‘the Kadlec parties, the ALJ issued the subject ID on
[Inv. No. 337–TA–897] Patents’’); RE40,927; RE42,913; and April 27, 2015, finding that Optical
RE43,681 (collectively ‘‘the Wild Devices does not have standing to assert
Certain Optical Disc Drives, Patents’’). The Complaint further alleges the Kadlec Patents in this investigation.
Components Thereof, and Products the existence of a domestic industry.
Containing the Same; Notice of The Commission’s Notice of On May 7, 2015, Optical Devices filed
Commission Determination To Review Investigation named numerous a petition for review of the subject ID,
in Part an Initial Determination respondents including Lenovo Group and Respondents filed a contingent
Terminating the Investigation in Its Ltd. of Quarry Bay, Hong Kong and petition for review of the subject ID. On
Entirety Based on Complainant’s Lack Lenovo (United States) Inc., of May 14, 2015, the parties filed their
of Standing and on Review To Affirm Morrisville, North Carolina; LG respective responses to the petitions.
With Modified Reasoning; Termination Electronics, Inc. of Seoul, Republic of Having reviewed the parties’
of the Investigation Korea and LG Electronics U.S.A., Inc. of submissions and the record evidence,
Englewood Cliffs, New Jersey; Toshiba the Commission has determined to
AGENCY: U.S. International Trade Corporation of Tokyo, Japan and review the subject ID in part.
Commission. Toshiba America Information Systems, Specifically, the Commission has
ACTION: Notice. Inc. of Irvine, California; and MediaTek, determined to review a finding related
Inc. of Hsinchu City, Taiwan and to an agreement discussed on pages 22–
SUMMARY: Notice is hereby given that MediaTek USA Inc. of San Jose, 25 of the ID. On review, the Commission
the U.S. International Trade California. The Office of Unfair Import affirms the ID’s finding with modified
Commission has determined to review Investigations was not named as a party reasoning. The Commission has also
in part the presiding administrative law to the investigation. determined to correct certain statements
judge’s (‘‘ALJ’’) initial determination The Commission later terminated the made in the subject ID. A Commission
(‘‘ID’’) (Order No. 135) terminating the investigation as to the application of opinion will be issued shortly. The
above-captioned investigation based on numerous claims of the asserted patents investigation is terminated in its
complainant’s lack of standing with to various named respondents. See entirety.
respect to the remaining asserted Notice of Commission Determination
patents. On review, the Commission The authority for the Commission’s
Not to Review an Initial Determination determination is contained in section
affirms with modified reasoning and Granting Complainant’s Motions to
terminates the investigation in its 337 of the Tariff Act of 1930, as
Partially Terminate the Investigation as amended (19 U.S.C. 1337), and in part
entirety. to Certain Patents (Aug. 8, 2014). The 210 of the Commission’s Rules of
FOR FURTHER INFORMATION CONTACT: Commission also later terminated the Practice and Procedure (19 CFR part
Cathy Chen, Office of the General investigation with respect to Nintendo
asabaliauskas on DSK5VPTVN1PROD with NOTICES
210).
Counsel, U.S. International Trade Co., Ltd. of Kyoto, Japan and Nintendo
Commission, 500 E Street SW., of America, Inc. of Redmond, By order of the Commission.
Washington, DC 20436, telephone 202– Washington; Panasonic Corp. of Osaka, Issued: June 9, 2015.
205–2392. Copies of non-confidential Japan and Panasonic Corporation of William R. Bishop,
documents filed in connection with this North America of Secaucus, New Jersey; Supervisory Hearings and Information
investigation are or will be available for Samsung Electronics Co., Ltd. of Seoul, Officer.
inspection during official business Republic of Korea and Samsung [FR Doc. 2015–14492 Filed 6–12–15; 8:45 am]
hours (8:45 a.m. to 5:15 p.m.) in the Electronics America, Inc. of Ridgefield BILLING CODE 7020–02–P
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Document Created: 2015-12-15 15:14:12
Document Modified: 2015-12-15 15:14:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Ms. Michelle Banonis, Bureau of Reclamation, (916) 930-5676. | |
| FR Citation | 80 FR 34170 |
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