80 FR 44993 - Notice of Intent and Notice of Scoping Meetings for the Long-Term Recapture and Recirculation of San Joaquin River Restoration Program Flows Environmental Impact Statement

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation

Federal Register Volume 80, Issue 144 (July 28, 2015)

The Bureau of Reclamation intends to prepare an Environmental Impact Statement (EIS) for the Long-term Recapture and Recirculation of San Joaquin River Restoration Program Flows. The San Joaquin River Restoration Program is being implemented pursuant to the Stipulation of Settlement in NRDC, et al. v. Kirk Rodgers, et al. (Settlement) and the San Joaquin River Restoration Settlement Act (SJRRS), Title X of Public Law 111-11 (SJRRS Act). In accordance with Paragraph 16(a) of the Settlement and Section 10004(a)(4) of the SJRRS Act, Reclamation intends to develop and implement a long-term plan for recirculation, recapture, reuse, exchange or transfer of restoration flows for the purpose of reducing or avoiding impacts to water deliveries to all of the participating Friant Division long-term contractors.

[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Notices]
[Pages 44993-44995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18536]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR02013000, XXXR5537F3, RX.19872100.1000000]


Notice of Intent and Notice of Scoping Meetings for the Long-Term 
Recapture and Recirculation of San Joaquin River Restoration Program 
Flows Environmental Impact Statement

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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SUMMARY: The Bureau of Reclamation intends to prepare an Environmental 
Impact Statement (EIS) for the Long-term Recapture and Recirculation of 
San Joaquin River Restoration Program Flows. The San Joaquin River 
Restoration Program is being implemented pursuant to the Stipulation of 
Settlement in NRDC, et al. v. Kirk Rodgers, et al. (Settlement) and the 
San Joaquin River Restoration Settlement Act (SJRRS), Title X of Public 
Law 111-11 (SJRRS Act). In accordance with Paragraph 16(a) of the 
Settlement and Section 10004(a)(4) of the SJRRS Act, Reclamation 
intends to develop and implement a long-term plan for recirculation, 
recapture, reuse, exchange or transfer of restoration flows for the 
purpose of reducing or avoiding impacts to water deliveries to all of 
the

[[Page 44994]]

participating Friant Division long-term contractors.

DATES: Submit written comments on scope of the EIS by August 27, 2015.
    Reclamation will hold four scoping meetings to solicit public input 
on alternatives, concerns, and issues to be addressed in the EIS:
    1. Monday, August 10, 2015, 1 p.m. to 3:00 p.m., Sacramento, CA.
    2. Tuesday, August 11, 2015, 6 p.m. to 8 p.m., Tulare, CA.
    3. Wednesday, August 12, 2015, 6 p.m. to 8 p.m., Fresno, CA.
    4. Thursday, August 13, 2015, 6 p.m. to 8 p.m., Los Banos, CA.
    Oral and written comments will be accepted during the scoping 
meetings.

ADDRESSES: Send written comments to Ms. Kellye Kennedy, Project 
Manager, Bureau of Reclamation, SJRRP, 2800 Cottage Way, MP-170, 
Sacramento, CA 95825; or email at 
[email protected].
    The four scoping meetings will be held at the following locations:
    1. Sacramento--Bureau of Reclamation, Mid-Pacific Regional Office, 
2800 Cottage Way, Sacramento, CA 95825.
    2. Tulare--Tulare International Agriculture Center, 4500 S. Laspina 
Street, Tulare, CA 93274.
    3. Fresno--Fresno Hotel and Conference Center, 2233 Ventura Street, 
Fresno, CA 93721.
    4. Los Banos--College Greens Rental, 1815 Scripps Drive, Los Banos, 
CA 93635.

FOR FURTHER INFORMATION CONTACT: Ms. Kellye Kennedy at (916) 978-4640; 
TY 1-800-877-8339; or email at [email protected]. Additional 
information is available online at www.restoresjr.net.

SUPPLEMENTARY INFORMATION:

I. Agencies Involved

    Reclamation is the lead Federal agency in accordance with the 
National Environmental Policy Act (NEPA). We will invite the following 
agencies to participate as cooperating agencies for the preparation of 
the EIS in accordance with NEPA:

 National Marine Fisheries Service
 Environmental Protection Agency
 U.S. Fish and Wildlife Service
 California Department of Water Resources
 California Department of Fish and Wildlife
 Local agencies (e.g., potentially affected cities and 
reclamation districts)
 Friant Water Authority
 Friant Division Long-Term Water Contractors
 San Luis and Delta-Mendota Water Authority
 San Joaquin River Exchange Contractors Water Authority

II. Why We Are Taking This Action

    In 1988, a coalition of environmental groups, led by the Natural 
Resources Defense Council (NRDC), filed a lawsuit challenging the 
renewal of long-term water service contracts between the United States 
and Central Valley Project Friant Division Long-Term Contractors 
(Friant Contractors). After more than 18 years of litigation, NRDC, et 
al., v. Kirk Rodgers, et al., a settlement was reached. On September 
13, 2006, the Settling Parties, including NRDC, Friant Water Users 
Authority (now represented by the Friant Water Authority [FWA]), and 
the U.S. Departments of the Interior and Commerce, agreed on the terms 
and conditions of the Settlement, which was subsequently approved by 
the U.S. Eastern District Court of California (Court) on October 23, 
2006. The Settlement establishes two primary goals:
    1. Restoration Goal. To restore and maintain fish populations in 
``good condition'' in the main stem of the San Joaquin River below 
Friant Dam to the confluence of the Merced River, including naturally 
reproducing and self-sustaining populations of salmon and other fish.
    2. Water Management Goal. To reduce or avoid adverse water supply 
impacts to all of the Friant Contractors that may result from the 
interim flows and restoration flows provided for in the Settlement. The 
Settlement and SJRRS Act identify the need for a plan for 
recirculation, recapture, reuse, exchange or transfer of restoration 
flows to reduce or avoid impacts to Friant Contractors. The SJRRP 
Program Environmental Impact Statement/Impact Report (PEIS/R) was 
finalized in July 2012 and the corresponding Record of Decision (ROD) 
was issued on September 28, 2012. The PEIS/R and ROD analyzed at a 
project-level the reoperation of Friant Dam to release restoration 
flows to the San Joaquin River, making water supplies available to 
Friant Contractors at a pre-established rate, and the recapture of 
interim and restoration flows at existing facilities within the 
restoration area (the San Joaquin River and bypass channels from Friant 
Dam to the Merced confluence) and the Delta. The PEIS/R and ROD also 
include program-level actions, which are identified as actions that may 
require the completion of additional analysis pursuant to NEPA and/or 
the California Environmental Quality Act, as appropriate. One of the 
program-level actions identified in the PEIS/R and ROD is the 
recirculation of recaptured restoration flows. This EIS will analyze 
and disclose any impacts to the human environment potentially occurring 
from the proposed alternatives beyond those already analyzed and 
disclosed in the PEIS/R.

III. Purpose and Need for Action

    As described in the PEIS/R, changes to the operation of Friant Dam 
and release of SJRRP flows in support of the Restoration Goal have the 
potential to adversely affect water deliveries to Friant Contractors. 
As identified in the Settlement and SJRRS Act, the Water Management 
Goal includes a requirement for the development and implementation of a 
plan for recirculation, recapture, reuse, exchange or transfer of SJRRP 
flows for the purpose of reducing or avoiding impacts to water 
deliveries to all of the participating Friant Contractors.

IV. Project Area

    The study area may include potentially affected recapture areas in 
the SJRRP Restoration Area, the lower San Joaquin River, and the Delta; 
the Friant Service Area, recirculation conveyance areas, and other 
State Water Project and Central Valley Project service areas 
potentially affected by transfers or exchanges evaluated in the EIS. 
The study area analyzed in the EIS will be refined as the alternative 
development process proceeds and comments received during the public 
scoping period will be considered.

V. Alternatives To Be Considered

    Reclamation will develop a reasonable range of alternatives for 
analysis in the EIS based on previous studies, public scoping and 
stakeholder input. Both physical and operational modifications may be 
included in efforts to recapture and recirculate SJRRP flows. 
Recirculation of water could occur through the execution of direct 
deliveries, transfers or exchanges utilizing existing and expanded or 
new facilities for conveyance. As described in the PEIS/R, long-term 
recapture and recirculation actions may include modifications to 
existing facilities or the construction of new facilities. The water 
may be delivered directly back to the Friant Contractors, or may be 
made available to others through transfers, exchanges or sales. Action 
alternatives analyzed in the EIS could include expansion or 
construction of new facilities for the recapture of SJRRP water, the 
direct delivery of SJRRP water to Friant Contractors and, the

[[Page 44995]]

exchange and/or transfer of recaptured SJRRP flows among Friant 
Contractors or between Friant and non-Friant Contractors.

VI. Statutory Authority

    Implementation of the Settlement, including this proposed action, 
is authorized by the San Joaquin River Restoration Settlement Act, 
Title X of Public Law 111-11, the Omnibus Public Land Management Act of 
2009. In accordance with NEPA, Reclamation will analyze in the EIS the 
potential direct, indirect, and cumulative environmental effects that 
may result from implementation of the proposed action and alternatives, 
which may include, but are not limited to, the following areas of 
potential impact:
    a. Water resources, including groundwater;
    b. Flood control;
    c. Hydrology/water quality;
    d. Biological resources, including fish, wildlife, and plant 
species;
    e. Land use, including agricultural resources;
    f. Cultural resources;
    g. Air quality;
    h. Power/energy and natural resources;
    i. Public services and utilities;
    j. Hazards and hazardous materials;
    k. Geology, soils, and mineral resources;
    l. Visual, scenic, or aesthetic resources;
    m. Socioeconomics;
    n. Environmental justice;
    o. Global climate change/greenhouse gas emissions;
    p. Indian trust assets;
    q. Noise;
    r. Population and housing;
    s. Transportation; and
    t. Recreation.

VII. Request for Comments

    The purposes of this notice are:
     To advise other agencies, potentially affected local 
governments, tribes, and the public of our intention to gather 
information to support the preparation of an EIS;
     To obtain suggestions and information from other agencies, 
interested parties, and the public on the scope of alternatives and 
issues to be addressed in the EIS; and,
     To identify important issues raised by the public related 
to the development and implementation of the proposed action.
    We invite comments from interested parties to ensure that the full 
range of alternatives and issues related to the development of the 
proposed action are identified. Written comments may be submitted by 
mail, electronic mail, facsimile transmission or in person (see 
ADDRESSES section). Comments and participation in the scoping process 
are encouraged.

VIII. Public Disclosure

    Before including your address, phone number, email address or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may 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.

IX. How To Request Reasonable Accommodation

    If special assistance is required at one of the scoping meetings, 
please contact Reclamation's Public Affairs Office at (916) 978-5100 
(TYY 1-800-877-8339) at least five working days before the meetings. 
Information regarding this proposed action is available in alternative 
formats upon request.

    Dated: July 14, 2015.
Pablo R. Arroyave
Deputy Regional Director, Mid-Pacific Region.
[FR Doc. 2015-18536 Filed 7-27-15; 8:45 am]
 BILLING CODE 4332-90-P