80 FR 75687 - Final Environmental Impact Statement for the Acquisition of Florida Power & Light Company Land in the East Everglades Expansion Area

DEPARTMENT OF THE INTERIOR
National Park Service

Federal Register Volume 80, Issue 232 (December 3, 2015)

The National Park Service (NPS) announces the availability of the Final Environmental Impact Statement (EIS) for the acquisition of Florida Power & Light Company (FPL) land in the East Everglades Expansion Area (EEEA), Everglades National Park, Florida.

[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Notices]
[Pages 75687-75688]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30580]


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DEPARTMENT OF THE INTERIOR

National Park Service

[NPS-SER-EVER-19669]; [PPSESEROC3, PPMPSAS1Y.YP0000]


Final Environmental Impact Statement for the Acquisition of 
Florida Power & Light Company Land in the East Everglades Expansion 
Area

AGENCY: National Park Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The National Park Service (NPS) announces the availability of 
the Final Environmental Impact Statement (EIS) for the acquisition of 
Florida Power & Light Company (FPL) land in the East Everglades 
Expansion Area (EEEA), Everglades National Park, Florida.

DATES: The NPS will execute the Record of Decision (ROD) no sooner than 
30 days following publication by the Environmental Protection Agency of 
its Notice of Availability of the Final EIS in the Federal Register.

ADDRESSES: Electronic copies of the Final EIS will be available online 
at http://parkplanning.nps/ever. A limited number of compact disks and 
printed copies of the Final EIS will be made available at Everglades 
National Park Headquarters, Everglades National Park, 40001 State 
Highway 9336, Homestead, Florida 33034-6733.

FOR FURTHER INFORMATION CONTACT: Brien Culhane, Everglades National 
Park, 40001 State Road 9336, Homestead, FL 33034-6733 or by telephone 
at (305) 242-7717.

SUPPLEMENTARY INFORMATION: The Final EIS addresses alternatives for NPS 
acquisition of existing FPL land located within the park, or of a 
sufficient interest in the property, to facilitate hydrologic and 
ecologic restoration of the park and the Everglades ecosystem. The 
acquisition of the existing FPL parcel is needed to support the goals 
of restoring the Northeast Shark River Slough and to fulfill the 
purposes of the Comprehensive Everglades Restoration Plan. Acquisition 
of land within the EEEA through an exchange of lands with FPL is 
legally authorized by Public Law 111-11 (March 30, 2009).
    The Final EIS describes five alternatives. The Final EIS addresses 
the potential impacts from the acquisition of FPL land in the park, as 
well as the indirect impacts that could result from the subsequent 
construction and operation of transmission lines, which could be built 
either inside or outside the park as a result of the land acquisition 
alternative selected. The following describes each of the alternatives 
included in the Final EIS:
    Alternative 1a, No NPS Action--No FPL Construction (environmental 
baseline): The NPS would not take action to acquire FPL property within 
the park. This alternative assumes that FPL would not construct 
transmission lines on its existing land in the park, in the exchange 
corridor, or in any area outside the park.
    Alternative 1b, No NPS Action--FPL Construction in the Park: the 
NPS would not take action to acquire FPL property within the park, the 
same as alternative 1a, but this alternative assumes that FPL would 
construct transmission lines on its existing land in the park.
    Alternative 2, NPS Acquisition of FPL Land: the NPS would acquire 
the FPL property by purchase or through the exercise of eminent domain 
authority by the United States. This alternative would result in an 
increase of 320 acres of NPS-owned land within the authorized boundary 
of the park and would allow for flowage of water on this property. This 
alternative assumes that FPL would likely acquire a replacement 
corridor east of the existing park boundary within or adjacent to the 
FPL and Miami-Dade Limestone Products Association (MDLPA) West 
Consensus Corridor to meet its transmission needs, and the transmission 
lines would be built outside the park. Alternative 2 is the 
environmentally preferable alternative.
    Alternative 3 (NPS Preferred Alternative), Fee for Fee Land 
Exchange: the NPS would acquire fee title to the FPL property through 
an exchange for park property, as authorized by the exchange 
legislation. NPS land conveyed to FPL (the ``exchange corridor'') would 
consist of 260 acres along 6.5 miles of the eastern boundary of the 
EEEA. The NPS would also convey to FPL a 90-foot-wide perpetual

[[Page 75688]]

nonnative vegetation management easement adjacent to the entire length 
of the exchange corridor. The fee for fee land exchange would be 
subject to terms and conditions that are to be agreed upon between NPS 
and FPL and incorporated into a binding exchange agreement. FPL would 
be required to allow the United States the perpetual right, power, and 
privilege to flood and submerge the exchange corridor consistent with 
hydrologic restoration requirements. The construction scenario 
associated with this alternative assumes that FPL would build the 
transmission lines in the exchange corridor.
    This alternative has been revised from the Draft EIS to the Final 
EIS due to updated transmission line siting requirements included in 
the state site certification process, which were not available in time 
for the Draft EIS. The final order directed FPL to avoid siting any 
transmission lines in the park and pursue the use of the West Consensus 
Corridor as the primary corridor for siting transmission lines. The FPL 
West Preferred Corridor (which includes the NPS exchange lands) would 
only be used for transmission lines if FPL cannot secure an adequate 
right-of-way within the FPL West Consensus Corridor (outside of the 
park boundary) in a timely manner and at a reasonable cost. FPL's 
success in acquiring interests in the West Consensus Corridor would 
minimize or eliminate the amount of property in the exchange corridor 
required for these transmission lines.
    In the Final EIS, this alternative now includes a commitment that 
FPL shall reconvey to the NPS all acreage in the exchange corridor that 
is determined to be unneeded by FPL to build the transmission lines. 
FPL would not develop land within the exchange corridor until 
completing the requirements of the site certification process and 
determining land ownership needs. The park boundary would be adjusted 
after the reconveyance, so that it reflects the actual final land 
ownership between FPL and NPS. These commitments would be identified in 
a binding exchange agreement between the two parties.
    Alternative 4, Easement for Fee Land Exchange: the NPS would 
acquire fee title to the FPL property through an exchange for an 
easement on NPS property. This is similar to alternative 3, except that 
NPS would grant FPL an easement for potential transmission line 
construction (not fee title) over the lands along the eastern boundary 
of the EEEA, in accordance with the terms and conditions developed for 
this easement for fee exchange. The NPS would retain ownership of the 
corridor, but would no longer have unencumbered use of it. The NPS 
would also convey a 90-foot-wide perpetual nonnative vegetation 
management easement to FPL adjacent to the entire length of the 
exchange corridor. The easement for fee land exchange would be subject 
to terms and conditions that are to be agreed upon between NPS and FPL 
and incorporated into a binding exchange agreement. Similar to 
alternative 3, the FPL easement corridor would be subject to a 
perpetual flowage easement.
    Alternative 5, Perpetual Flowage Easement on FPL Property: the NPS 
would acquire a perpetual flowage easement on FPL's property within the 
EEEA through purchase, condemnation, or donation by FPL. FPL would 
retain ownership of its corridor in the park during the term of the 
easement and could seek to site transmission lines there. The flowage 
allowed under this easement would allow sufficient water flow over this 
area to support ecosystem restoration projects. The construction 
scenario associated with this alternative would be the same as the one 
for alternative 1B (FPL construction of transmission lines on its 
existing land in the park).
    The Final EIS responds to, and incorporates, agency and public 
comments received on the Draft EIS. The Draft EIS was available for 
public review and comment for 60 days from January 17, 2014, through 
March 18, 2014. During the comment period, 275 pieces of correspondence 
were received. Two of these were petitions or letters containing 14,075 
total signatures; a third form letter contained 178 signatures and 70 
individual pieces of correspondence, which are included in the 275 
total comments received. Alternative 2 is the environmentally 
preferable alternative and alternative 3 is the NPS preferred 
alternative.
    The responsible official for this EIS is the Regional Director, NPS 
Southeast Region, 100 Alabama Street SW., 1924 Building, Atlanta, 
Georgia 30303.

    Dated: November 18, 2015.
Shawn Benge,
Deputy Regional Director, Southeast Region.
[FR Doc. 2015-30580 Filed 12-2-15; 8:45 am]
 BILLING CODE 4310-JD-P