81_FR_24920 81 FR 24839 - Notice of intent to prepare a Joint Environmental Impact Statement and To Conduct Public Scoping

81 FR 24839 - Notice of intent to prepare a Joint Environmental Impact Statement and To Conduct Public Scoping

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24839-24842
FR Document2016-09790

This notice announces that U.S. Customs and Border Protection (CBP) and the U.S. Forest Service (Forest Service) Idaho Panhandle National Forests (IPNF) (collectively the ``Agencies'') intend to prepare a joint Environmental Impact Statement (EIS) to identify and assess potential impacts upon the environment of: Repairing and maintaining an approximately 5.6-mile section of the existing Bog Creek Road, which is located in the Selkirk Mountains in Boundary County, Idaho, within approximately two miles of the Canadian border, on land within the Blue-Grass Bear Management Unit (BMU) that is managed by the IPNF; and closing for motorized use additional roads within the Blue- Grass BMU to comply with the IPNF Forest Plan Amendments for Motorized Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear Recovery Zones (Access Amendment) and reduce road density in the Blue- Grass BMU. This notice initiates the public scoping process for the preparation of the EIS. The purpose of the public scoping process is to solicit public comments regarding the potential environmental impacts that may be addressed. This notice commences the public scoping period for which CBP and IPNF are requesting written comments. This process is being conducted pursuant to the National Environmental Policy Act (NEPA), the Council on Environmental Quality Regulations for Implementing the NEPA (40 CFR parts 1500-1508), and CBP and Forest Service NEPA guidelines. Additionally, pursuant to Section 106 of the National Historic Preservation Act, the public scoping process will allow members of the general public to provide CBP and IPNF comments on potential impacts to historic and cultural resources for the proposed action.

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24839-24842]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09790]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of intent to prepare a Joint Environmental Impact 
Statement and To Conduct Public Scoping

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security and Forest Service, USDA.

ACTION: Notice of intent to prepare a Joint Environmental Impact 
Statement concerning the repair and maintenance of Bog Creek Road and 
closure of certain roads within the Blue-Grass Bear Management Unit in 
the Selkirk Mountains in Boundary County, Idaho; request for comments; 
and notice of public scoping.

-----------------------------------------------------------------------

SUMMARY: This notice announces that U.S. Customs and Border Protection 
(CBP) and the U.S. Forest Service (Forest Service) Idaho Panhandle 
National Forests (IPNF) (collectively the ``Agencies'') intend to 
prepare a joint Environmental Impact Statement (EIS) to identify and 
assess potential impacts upon the environment of: Repairing and 
maintaining an approximately 5.6-mile section of the existing Bog Creek 
Road, which is located in the Selkirk Mountains in Boundary County, 
Idaho, within approximately two miles of the Canadian border, on land 
within the Blue-Grass Bear Management Unit (BMU) that is managed by the 
IPNF; and closing for motorized use additional roads within the Blue-
Grass BMU to comply with the IPNF Forest Plan Amendments for Motorized 
Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear 
Recovery Zones (Access Amendment) and reduce road density in the Blue-
Grass BMU. This notice initiates the public scoping process for the 
preparation of the EIS. The purpose of the public scoping process is to 
solicit public comments regarding the potential environmental impacts 
that may be addressed. This notice commences the public scoping period 
for which CBP and IPNF are requesting written comments. This process is 
being conducted pursuant to the National Environmental Policy Act 
(NEPA), the Council on Environmental Quality Regulations for 
Implementing the NEPA (40 CFR parts 1500-1508), and CBP and Forest 
Service NEPA guidelines. Additionally, pursuant to Section 106 of the 
National Historic Preservation Act, the public scoping

[[Page 24840]]

process will allow members of the general public to provide CBP and 
IPNF comments on potential impacts to historic and cultural resources 
for the proposed action.

DATES: The scoping comment period will be 30 days. To ensure 
consideration, comments must be received by May 27, 2016.
    Comments may be submitted as set forth in the ADDRESSES section of 
this document. This project implements a land management plan and is 
subject to 36 CFR part 218, subparts A and B of the Forest Service's 
Project-level Predecisional Administrative Review Process. Pursuant to 
36 CFR part 218, only those who provide specific, written comments 
regarding the proposed project will be eligible to file an objection.

ADDRESSES: Comments may be submitted either by mail or by email at the 
addresses indicated below. To avoid duplication, please use only one of 
the following methods to provide written comments:
    (a) Via mail: Bog Creek Road EIS, P.O. Box 643, Flagstaff, Arizona, 
86002-0643.
    (b) Via email: [email protected].

FOR FURTHER INFORMATION CONTACT: Paul Enriquez, CBP, Border Patrol 
Facilities & Tactical Infrastructure Program Management Office, by 
telephone at (949) 643-6365, or by email at [email protected]. 
You may also visit the CBP public Web site for more information at: 
http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review. Individuals who use telecommunication devices 
for the deaf (TDD) may call the Federal Information Relay Service 
(FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, 
Monday through Friday.

SUPPLEMENTARY INFORMATION: 

Background

Repairs and Maintenance to Bog Creek Road

    U.S. Customs and Border Protection (CBP) protects the nation's 
borders from terrorism, human and drug smuggling, illegal migration, 
and agricultural pests while facilitating the flow of legitimate travel 
and trade. CBP does so by integrating modern technology, deploying 
highly trained law enforcement personnel, and developing public and 
private sector partnerships that advance its overall mission.
    At 5,500 miles in length, the Northern Border of the United States 
stands as the longest common border in the world. The terrain ranges 
from densely forested lands on the west and east coasts to open plains 
in the middle of the country. To complement its efforts, CBP uses 
partnerships with other Federal, state, and local law enforcement 
agencies to meet the challenges of ensuring security while facilitating 
legitimate trade and travel along this expansive and complex border 
area.
    The primary road that provides east-west access to the Northern 
Border in the Selkirk Mountains of Northern Idaho is Bog Creek Road. 
Bog Creek Road is situated on National Forest System lands that are a 
part of the Idaho Panhandle National Forests (IPNF). The area is 
managed by the IPNF unit of the Forest Service (also referred to as 
IPNF). The road is currently impassable to most vehicles.
    Bog Creek Road was closed on both ends in the late 1980s, to meet 
grizzly bear habitat requirements. As a result of the closure, the road 
has only been maintained on a limited basis. By the mid-1990s, the road 
had experienced minor failures. Around the year 2000, a large failure 
occurred when a large culvert failed due to heavy surface water runoff. 
At that time, the road became impassable to most vehicles. Currently, 
the road is gated at the east end and barricaded at the west end. In 
recent years, the road has been infrequently used by Forest Service and 
CBP personnel traveling on all-terrain vehicles (ATVs) and horseback, 
but using ATVs requires a winch system to traverse the large culvert 
failure. Nearly the entire length of Bog Creek Road is now overgrown 
with alder brush, small trees, and other vegetation.
    Without access to the Northern Border area via Bog Creek Road, CBP 
must use a lengthy detour to get to the border, including using state 
highways in Washington and Idaho and other forest roads. This 
alternative route is approximately 180 miles and adds approximately 
four hours one way (eight hours total) to CBP patrol response times.

Closing Additional Roads for Motorized Use

    Bog Creek Road is located within the Blue-Grass Bear Management 
Unit (BMU) of the Selkirk Grizzly Bear Recovery Zone (SRZ) of the IPNF. 
The IPNF has been working since the late 1980s to create secure habitat 
for grizzly bears. For example, Bog Creek Road was closed in the late 
1980s to allow for more effective management of grizzly bear habitat. 
The IPNF continues to manage habitat conditions of the SRZ. To further 
manage grizzly bear habitat conditions, in 2011, the IPNF issued a 
Record of Decision (ROD) for the Forest Plan Amendments for Motorized 
Access Management within the Selkirk and Cabinet-Yaak Grizzly Bear 
Recovery Zones (Access Amendment). The Access Amendment set motorized 
vehicle access and security standards in the zones to conserve and 
contribute to the recovery of grizzly bears, and to meet the agency's 
responsibilities under the Endangered Species Act (ESA). These 
standards limit the use of motorized vehicles within the Blue-Grass BMU 
area to a specified percentage of the land. By limiting high levels of 
human activity in the area, effective habitat can be created for 
grizzly bears. The ROD and accompanying biological opinion from the 
U.S. Fish and Wildlife Service require the standards in the Access 
Amendment to be met by 2019. Currently, the BMU is not meeting the 
motorized access standards set forth in the Access Amendment.
    The status of all roads in the BMU area is of great interest to CBP 
since the entire Blue-Grass BMU is within 10 miles of the Northern 
Border. CBP needs good access to this area to execute its mission to 
protect the Northern Border. Because there are limited options 
regarding which roads to close for motorized use that meet the Access 
Amendment standards and the ESA, and which provide border access to 
CBP, the Agencies are working together to determine acceptable 
alternatives.

Purpose and Need for Action

    The purpose and need of the proposed action is to provide improved 
east-west access across the Selkirk Mountains on National Forest System 
lands that would: (1) Enable CBP to execute its statutory mission to 
protect the U.S. Northern Border and provide for the safety of CBP and 
other law enforcement officers in carrying out their duties and (2) 
meet Access Amendment standards for motorized access in a grizzly bear 
habitat in the Blue-Grass BMU area.

Proposed Action

Repairs and Maintenance to Bog Creek Road

    One aspect of the proposed action would involve the repair and 
maintenance of an approximately 5.6-mile section of the existing Bog 
Creek Road between Forest Road (FR) 1013 and FR 2450 within the Blue-
Grass BMU of the SRZ of the IPNF. The road is located in the Selkirk 
Mountains in Boundary County, Idaho, within approximately two miles of 
the Canadian border.

[[Page 24841]]

    The Agencies anticipate that the proposed action would likely 
involve replacing or repairing damaged culverts, grading and 
resurfacing areas that have been heavily eroded by surface water flows, 
infilling potholes, and removing protruding boulders. Although widening 
Bog Creek Road is not a part of the proposed action, there may be areas 
which no longer meet minimum width requirements and may require cut and 
fill work to achieve the desired road operating and safety standards. 
Trees and other vegetation within the roadway and to either side would 
likely be grubbed or cut back to facilitate safe vehicle passage.
    The proposed action would also likely include gathering and 
transporting fill materials (riprap, mixed soil/rock, and crushed 
aggregate) from ``borrow'' pits to use in general resurfacing/fill and 
in installation of the culvert replacements. Some equipment would be 
needed to perform the repairs and maintenance, including a dozer, a 
grader, a hydraulic excavator, and a dump truck. In addition, several 
pickup trucks or SUVs would be needed to transport construction 
personnel to and from the area. The Agencies anticipate that upon 
completion of the proposed repairs and maintenance, the 5.6-mile 
section of Bog Creek Road would remain closed for public motorized use 
and would be limited to administrative use only.

Closing Additional Roads for Motorized Use

    Another aspect of the proposed action would involve the closure of 
certain roads within the Blue-Grass BMU. Bog Creek Road is located in 
the Blue-Grass BMU within the SRZ. This BMU area is currently not 
meeting Access Amendment standards for motorized access in a grizzly 
bear habitat. The Agencies anticipate that other roads within the Blue-
Grass BMU area would need to be closed for motorized use under this 
proposed action. The road closures would be necessary to mitigate the 
potential impacts to grizzly bear habitats associated with the repair 
and subsequent use of Bog Creek Road and to allow the Forest Service to 
meet the Access Amendment standards and its statutory obligations under 
the ESA. Because there are limited options regarding roads to close for 
motorized use to meet the Access Amendment standards, the Agencies are 
working together to determine alternatives that would meet CBP's 
requirements for border access as well as the Forest Service's 
requirements to comply with the Access Amendment standards and the ESA.
    The Agencies have identified a preliminary list of roads that could 
be closed for motorized use. All of these roads are currently closed to 
public use and only open for limited administrative use. Roads that 
have been preliminarily identified for possible motorized closure 
include FR 2464 Upper, 2464 Lower, 1322, 1322A, 1013D, 1013C, 1388, 
1388A, 2252, 636, and 2253. Approximately 26 miles of IPNF roads could 
be closed under the proposed action. As a part of the scoping process 
(discussed below), the Agencies are seeking further input on possible 
motorized road closure alternatives.

Lead and Cooperating Agencies

    CBP and the Forest Service will work together as joint lead 
agencies on the EIS.

Responsible Official

    The Executive Director, Facilities Management & Engineering, CBP, 
is the deciding official for CBP and the Forest Supervisor, IPNF, 
Forest Service, is the deciding official for the Forest Service.

Public Scoping Process

    Public scoping for the Bog Creek Road repair and maintenance 
proposal was initially conducted by CBP in February and March of 2013. 
Information gathered from the previous scoping effort was used to 
inform the Agencies about what level of NEPA analysis was necessary to 
evaluate the proposed project. The initial scoping information included 
the possibility that road closures may become part of the proposed 
action, but did not include specific motorized road closure 
information. Using initial scoping information, the Agencies determined 
that the NEPA analysis would be conducted through an EIS process. All 
scoping comments submitted during the initial scoping will be included 
in issue development for the current EIS process. A Scoping Report that 
summarizes the initial scoping effort is available for review at http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review.
    This Notice of Intent (NOI) initiates the public scoping process 
which will guide the development of the EIS. All interested parties are 
invited to participate in the scoping process. CBP and the Forest 
Service invite agencies, organizations, and the general public to 
provide input to this process of scoping environmental issues for 
consideration in the EIS. Written comments may be submitted as 
described in the ADDRESSES section of this document. When submitting 
comments, please include your name and address. Comments received in 
response to this solicitation, including names and addresses of those 
who comment, will be part of the public record for this proposed 
action. Comments submitted anonymously will also be accepted and 
considered.
    After the public scoping period is complete and the Agencies have 
reviewed the results, a compilation list of comments will be included 
in an amendment to the initial Scoping Report (described above). The 
amended Scoping Report will be made available on the CBP public Web 
site: http://www.cbp.gov/about/environmental-cultural-stewardship/nepa-documents/docs-review.

Public Involvement in Historic Preservation Activities Under Section 
106 of the National Historic Preservation Act

    Section 106 of the National Historic Preservation Act (54 U.S.C. 
306108) requires Federal agencies to review all actions which may 
affect resources listed on, or eligible for, the National Register of 
Historic Places in order to take into account the effects of their 
undertakings on historic properties, and to afford the Idaho State 
Historic Preservation Officer and tribal governments a reasonable 
opportunity to comment on such undertakings. During the process of 
public scoping and preparation of the EIS, the Agencies seek to 
identify interested parties and obtain public comments on historic 
preservation issues related to the road repair and closure of roads for 
motorized use.

Preliminary Issues

    Based upon the initial project scoping, some preliminary issues 
have been identified as potential effects of the proposed project. 
These include effects on:
     Border security;
     threatened and endangered species including grizzly bear, 
caribou, lynx, and bull trout;
     Blue-Grass BMU grizzly bear core habitat requirement;
     National Forest access; and
     biological resources including fisheries, wildlife, 
sensitive plants, and noxious weeds.

Permits and Licenses Required

    The proposed project would likely require a Clean Water Act Section 
404 Permit. The Agencies will work with the Idaho Department of 
Environmental Quality and the U.S. Army Corps of Engineers to determine 
the necessary

[[Page 24842]]

permit process. All required permits would be obtained prior to project 
implementation.

Next Steps

    In accordance with NEPA, the draft EIS will be made available to 
the public for review and comment through a Notice of Availability 
(NOA) in the Federal Register. The NOA will provide directions for 
obtaining copies of the draft EIS as well as dates and locations for 
any associated public participation meetings. After a public comment 
period on the draft EIS, CBP and the Forest Service will complete a 
final EIS.

    Dated: April 21, 2016.
Karl H. Calvo,
Executive Director, Facilities Management and Engineering, Office of 
Administration.
Shanda Fallau Dekome,
Acting Forest Supervisor, Idaho Panhandle National Forests, U.S. Forest 
Service.
[FR Doc. 2016-09790 Filed 4-26-16; 8:45 am]
 BILLING CODE 9111-14-P



                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                          24839

                                                    the value data element and eliminating                  fails to exercise reasonable care in the              DEPARTMENT OF HOMELAND
                                                    the HTS number requirement, will                        execution of participant obligations, or              SECURITY
                                                    facilitate the in-transit manifest process              otherwise fails to comply with all
                                                    for both the trade and CBP. Canadian                    applicable laws and regulations, then                 U.S. Customs and Border Protection
                                                    carriers will be able to route certain                  the participant may be suspended from
                                                    domestic shipments through the United                   participation in this test and/or                     DEPARTMENT OF AGRICULTURE
                                                    States with greater efficiency and CBP                  subjected to penalties, liquidated
                                                    will benefit from an entirely electronic                damages, and/or other administrative or               Forest Service
                                                    in-transit manifest.                                    judicial sanction. Additionally, CBP has              Notice of intent to prepare a Joint
                                                    B. Test Participants and Conditions of                  the right to suspend a test participant               Environmental Impact Statement and
                                                    Participation                                           based on a determination that an                      To Conduct Public Scoping
                                                      Participation in the In-Transit                       unacceptable compliance risk exists.
                                                                                                            Any decision proposing suspension may                 AGENCY:  U.S. Customs and Border
                                                    Manifest Pilot Program is currently
                                                                                                            be appealed in writing to the Assistant               Protection, Department of Homeland
                                                    limited to nine Canadian truck carriers
                                                                                                            Commissioner (Office of Field                         Security and Forest Service, USDA.
                                                    that have been selected by CBP in
                                                    consultation with the Canadian Border                   Operations) within 15 days of the                     ACTION: Notice of intent to prepare a
                                                    Services Agency (CBSA). Each                            decision date. Such proposed                          Joint Environmental Impact Statement
                                                    participating carrier is a bonded carrier               suspension will apprise the participant               concerning the repair and maintenance
                                                    and a certified member of the Customs-                  of the facts or conduct warranting                    of Bog Creek Road and closure of certain
                                                    Trade Partnership Against Terrorism                     suspension. Should the participant                    roads within the Blue-Grass Bear
                                                    (C–TPAT), a voluntary supply chain                      appeal the notice of proposed                         Management Unit in the Selkirk
                                                    security program led by CBP that is                     suspension, the participant should                    Mountains in Boundary County, Idaho;
                                                    focused on improving the security of                    address the facts or conduct charges                  request for comments; and notice of
                                                    private companies’ supply chains with                   contained in the notice and state how he              public scoping.
                                                    respect to terrorism. As a condition of                 has or will achieve compliance.                       SUMMARY:   This notice announces that
                                                    participation, each carrier must use                    However, in the case of willfulness or                U.S. Customs and Border Protection
                                                    commercial drivers cleared under the                    where public health interests are                     (CBP) and the U.S. Forest Service
                                                    FAST program. FAST driver                               concerned, the suspension may be                      (Forest Service) Idaho Panhandle
                                                    identification provides CBP with a full                 effective immediately.                                National Forests (IPNF) (collectively the
                                                    set of identifying information regarding                                                                      ‘‘Agencies’’) intend to prepare a joint
                                                    the driver, including the driver’s name,                VI. Test Evaluation Criteria
                                                                                                                                                                  Environmental Impact Statement (EIS)
                                                    date of birth, gender, citizenship, and                                                                       to identify and assess potential impacts
                                                    address. Another condition of                             All interested parties are invited to
                                                                                                            comment on any aspect of this test at                 upon the environment of: Repairing and
                                                    participation in this NCAP test is that                                                                       maintaining an approximately 5.6-mile
                                                    no passengers are permitted on the                      any time. To ensure adequate feedback,
                                                                                                            participants are required to take part in             section of the existing Bog Creek Road,
                                                    Canadian trucks transiting the United                                                                         which is located in the Selkirk
                                                    States, with the exception of additional                an evaluation of this test. CBP needs
                                                                                                            comments and feedback on all aspects                  Mountains in Boundary County, Idaho,
                                                    drivers also cleared under the FAST                                                                           within approximately two miles of the
                                                    program. As provided in Section VI,                     of this test, including the design,
                                                                                                                                                                  Canadian border, on land within the
                                                    participants are also required to take                  conduct and implementation of the test
                                                                                                                                                                  Blue-Grass Bear Management Unit
                                                    part in an evaluation of the test.                      in order to determine whether to                      (BMU) that is managed by the IPNF; and
                                                                                                            modify, alter, expand, limit, continue,               closing for motorized use additional
                                                    C. Test Duration and Locations
                                                                                                            end or implement this program by                      roads within the Blue-Grass BMU to
                                                       The NCAP test will be conducted for                  regulation. The final results of the
                                                    approximately six months from its start                                                                       comply with the IPNF Forest Plan
                                                                                                            evaluation will be published in the                   Amendments for Motorized Access
                                                    at the following ports of entry: Port                   Federal Register and the Customs
                                                    Huron, Michigan; Pembina, North                                                                               Management within the Selkirk and
                                                                                                            Bulletin as required by 19 CFR 101.9.                 Cabinet-Yaak Grizzly Bear Recovery
                                                    Dakota; and Blaine, Washington. Any
                                                    future expansion of this NCAP test to                   VII. Paperwork Reduction Act                          Zones (Access Amendment) and reduce
                                                    additional ports and/or extension of the                                                                      road density in the Blue-Grass BMU.
                                                    time period will be announced on CBP’s                    As noted above, CBP is accepting only               This notice initiates the public scoping
                                                    Web site at www.cbp.gov. Participants                   nine participants in the NCAP test. This              process for the preparation of the EIS.
                                                    will also be notified of any expansion.                 means that fewer than ten persons will                The purpose of the public scoping
                                                                                                            be subject to any information collections             process is to solicit public comments
                                                    IV. Regulatory Provisions Affected                      under the NCAP test. Accordingly,                     regarding the potential environmental
                                                      Regulations in 19 CFR parts 18 and                    collections of information encompassed                impacts that may be addressed. This
                                                    123 that conflict with the terms and                    within this notice are exempted from                  notice commences the public scoping
                                                    conditions of the NCAP test are                         the requirements of the Paperwork                     period for which CBP and IPNF are
                                                    suspended and overridden to the extent                  Reduction Act of 1995 (44 U.S.C. 3502                 requesting written comments. This
                                                                                                                                                                  process is being conducted pursuant to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    of the conflict for the duration of the test            and 3507).
                                                    for test participants and only to the                                                                         the National Environmental Policy Act
                                                    extent of their participation in this test.               Dated: April 22, 2016.                              (NEPA), the Council on Environmental
                                                                                                            Todd Owen,                                            Quality Regulations for Implementing
                                                    V. Misconduct                                                                                                 the NEPA (40 CFR parts 1500–1508),
                                                                                                            Assistant Commissioner, Office of Field
                                                      If a test participant fails to abide by               Operations.                                           and CBP and Forest Service NEPA
                                                    the rules, procedures, or term and                      [FR Doc. 2016–09858 Filed 4–26–16; 8:45 am]           guidelines. Additionally, pursuant to
                                                    conditions of this and all other                        BILLING CODE 9111–14–P
                                                                                                                                                                  Section 106 of the National Historic
                                                    applicable Federal Register notices,                                                                          Preservation Act, the public scoping


                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00057   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                    24840                        Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    process will allow members of the                       The terrain ranges from densely forested              Record of Decision (ROD) for the Forest
                                                    general public to provide CBP and IPNF                  lands on the west and east coasts to                  Plan Amendments for Motorized Access
                                                    comments on potential impacts to                        open plains in the middle of the                      Management within the Selkirk and
                                                    historic and cultural resources for the                 country. To complement its efforts, CBP               Cabinet-Yaak Grizzly Bear Recovery
                                                    proposed action.                                        uses partnerships with other Federal,                 Zones (Access Amendment). The Access
                                                    DATES: The scoping comment period                       state, and local law enforcement                      Amendment set motorized vehicle
                                                    will be 30 days. To ensure                              agencies to meet the challenges of                    access and security standards in the
                                                    consideration, comments must be                         ensuring security while facilitating                  zones to conserve and contribute to the
                                                    received by May 27, 2016.                               legitimate trade and travel along this                recovery of grizzly bears, and to meet
                                                      Comments may be submitted as set                      expansive and complex border area.                    the agency’s responsibilities under the
                                                    forth in the ADDRESSES section of this                     The primary road that provides east-               Endangered Species Act (ESA). These
                                                    document. This project implements a                     west access to the Northern Border in                 standards limit the use of motorized
                                                    land management plan and is subject to                  the Selkirk Mountains of Northern                     vehicles within the Blue-Grass BMU
                                                    36 CFR part 218, subparts A and B of                    Idaho is Bog Creek Road. Bog Creek                    area to a specified percentage of the
                                                    the Forest Service’s Project-level                      Road is situated on National Forest                   land. By limiting high levels of human
                                                    Predecisional Administrative Review                     System lands that are a part of the Idaho             activity in the area, effective habitat can
                                                    Process. Pursuant to 36 CFR part 218,                   Panhandle National Forests (IPNF). The                be created for grizzly bears. The ROD
                                                    only those who provide specific, written                area is managed by the IPNF unit of the               and accompanying biological opinion
                                                    comments regarding the proposed                         Forest Service (also referred to as IPNF).            from the U.S. Fish and Wildlife Service
                                                    project will be eligible to file an                     The road is currently impassable to                   require the standards in the Access
                                                    objection.                                              most vehicles.                                        Amendment to be met by 2019.
                                                                                                               Bog Creek Road was closed on both                  Currently, the BMU is not meeting the
                                                    ADDRESSES:  Comments may be                             ends in the late 1980s, to meet grizzly               motorized access standards set forth in
                                                    submitted either by mail or by email at                 bear habitat requirements. As a result of             the Access Amendment.
                                                    the addresses indicated below. To avoid                 the closure, the road has only been
                                                    duplication, please use only one of the                 maintained on a limited basis. By the                    The status of all roads in the BMU
                                                    following methods to provide written                    mid-1990s, the road had experienced                   area is of great interest to CBP since the
                                                    comments:                                               minor failures. Around the year 2000, a               entire Blue-Grass BMU is within 10
                                                      (a) Via mail: Bog Creek Road EIS, P.O.                large failure occurred when a large                   miles of the Northern Border. CBP needs
                                                    Box 643, Flagstaff, Arizona, 86002–                     culvert failed due to heavy surface water             good access to this area to execute its
                                                    0643.                                                   runoff. At that time, the road became                 mission to protect the Northern Border.
                                                      (b) Via email: SPWBogCreekEIS@                        impassable to most vehicles. Currently,               Because there are limited options
                                                    cbp.dhs.gov.                                            the road is gated at the east end and                 regarding which roads to close for
                                                    FOR FURTHER INFORMATION CONTACT:     Paul               barricaded at the west end. In recent                 motorized use that meet the Access
                                                    Enriquez, CBP, Border Patrol Facilities                 years, the road has been infrequently                 Amendment standards and the ESA,
                                                    & Tactical Infrastructure Program                       used by Forest Service and CBP                        and which provide border access to
                                                    Management Office, by telephone at                      personnel traveling on all-terrain                    CBP, the Agencies are working together
                                                    (949) 643–6365, or by email at                          vehicles (ATVs) and horseback, but                    to determine acceptable alternatives.
                                                    Paul.Enriquez@cbp.dhs.gov. You may                      using ATVs requires a winch system to                 Purpose and Need for Action
                                                    also visit the CBP public Web site for                  traverse the large culvert failure. Nearly
                                                    more information at: http://                            the entire length of Bog Creek Road is                  The purpose and need of the
                                                    www.cbp.gov/about/environmental-                        now overgrown with alder brush, small                 proposed action is to provide improved
                                                    cultural-stewardship/nepa-documents/                    trees, and other vegetation.                          east-west access across the Selkirk
                                                    docs-review. Individuals who use                           Without access to the Northern Border              Mountains on National Forest System
                                                    telecommunication devices for the deaf                  area via Bog Creek Road, CBP must use                 lands that would: (1) Enable CBP to
                                                    (TDD) may call the Federal Information                  a lengthy detour to get to the border,                execute its statutory mission to protect
                                                    Relay Service (FIRS) at 1–800–877–8339                  including using state highways in                     the U.S. Northern Border and provide
                                                    between 8 a.m. and 8 p.m., Eastern                      Washington and Idaho and other forest                 for the safety of CBP and other law
                                                    Time, Monday through Friday.                            roads. This alternative route is                      enforcement officers in carrying out
                                                                                                            approximately 180 miles and adds                      their duties and (2) meet Access
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            approximately four hours one way                      Amendment standards for motorized
                                                    Background                                              (eight hours total) to CBP patrol                     access in a grizzly bear habitat in the
                                                                                                            response times.                                       Blue-Grass BMU area.
                                                    Repairs and Maintenance to Bog Creek
                                                    Road                                                    Closing Additional Roads for Motorized                Proposed Action
                                                       U.S. Customs and Border Protection                   Use
                                                                                                                                                                  Repairs and Maintenance to Bog Creek
                                                    (CBP) protects the nation’s borders from                  Bog Creek Road is located within the                Road
                                                    terrorism, human and drug smuggling,                    Blue-Grass Bear Management Unit
                                                    illegal migration, and agricultural pests               (BMU) of the Selkirk Grizzly Bear                        One aspect of the proposed action
                                                    while facilitating the flow of legitimate               Recovery Zone (SRZ) of the IPNF. The                  would involve the repair and
                                                    travel and trade. CBP does so by                        IPNF has been working since the late                  maintenance of an approximately 5.6-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    integrating modern technology,                          1980s to create secure habitat for grizzly            mile section of the existing Bog Creek
                                                    deploying highly trained law                            bears. For example, Bog Creek Road was                Road between Forest Road (FR) 1013
                                                    enforcement personnel, and developing                   closed in the late 1980s to allow for                 and FR 2450 within the Blue-Grass
                                                    public and private sector partnerships                  more effective management of grizzly                  BMU of the SRZ of the IPNF. The road
                                                    that advance its overall mission.                       bear habitat. The IPNF continues to                   is located in the Selkirk Mountains in
                                                       At 5,500 miles in length, the Northern               manage habitat conditions of the SRZ.                 Boundary County, Idaho, within
                                                    Border of the United States stands as the               To further manage grizzly bear habitat                approximately two miles of the
                                                    longest common border in the world.                     conditions, in 2011, the IPNF issued a                Canadian border.


                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00058   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices                                            24841

                                                       The Agencies anticipate that the                        The Agencies have identified a                     When submitting comments, please
                                                    proposed action would likely involve                    preliminary list of roads that could be               include your name and address.
                                                    replacing or repairing damaged culverts,                closed for motorized use. All of these                Comments received in response to this
                                                    grading and resurfacing areas that have                 roads are currently closed to public use              solicitation, including names and
                                                    been heavily eroded by surface water                    and only open for limited                             addresses of those who comment, will
                                                    flows, infilling potholes, and removing                 administrative use. Roads that have                   be part of the public record for this
                                                    protruding boulders. Although                           been preliminarily identified for                     proposed action. Comments submitted
                                                    widening Bog Creek Road is not a part                   possible motorized closure include FR                 anonymously will also be accepted and
                                                    of the proposed action, there may be                    2464 Upper, 2464 Lower, 1322, 1322A,                  considered.
                                                    areas which no longer meet minimum                      1013D, 1013C, 1388, 1388A, 2252, 636,                   After the public scoping period is
                                                    width requirements and may require cut                  and 2253. Approximately 26 miles of                   complete and the Agencies have
                                                    and fill work to achieve the desired road               IPNF roads could be closed under the                  reviewed the results, a compilation list
                                                    operating and safety standards. Trees                   proposed action. As a part of the                     of comments will be included in an
                                                    and other vegetation within the roadway                 scoping process (discussed below), the                amendment to the initial Scoping
                                                    and to either side would likely be                      Agencies are seeking further input on                 Report (described above). The amended
                                                    grubbed or cut back to facilitate safe                  possible motorized road closure                       Scoping Report will be made available
                                                    vehicle passage.                                        alternatives.                                         on the CBP public Web site: http://
                                                       The proposed action would also likely                Lead and Cooperating Agencies                         www.cbp.gov/about/environmental-
                                                    include gathering and transporting fill                                                                       cultural-stewardship/nepa-documents/
                                                                                                              CBP and the Forest Service will work                docs-review.
                                                    materials (riprap, mixed soil/rock, and
                                                                                                            together as joint lead agencies on the
                                                    crushed aggregate) from ‘‘borrow’’ pits                                                                       Public Involvement in Historic
                                                                                                            EIS.
                                                    to use in general resurfacing/fill and in                                                                     Preservation Activities Under Section
                                                    installation of the culvert replacements.               Responsible Official                                  106 of the National Historic
                                                    Some equipment would be needed to                         The Executive Director, Facilities                  Preservation Act
                                                    perform the repairs and maintenance,                    Management & Engineering, CBP, is the
                                                    including a dozer, a grader, a hydraulic                                                                         Section 106 of the National Historic
                                                                                                            deciding official for CBP and the Forest              Preservation Act (54 U.S.C. 306108)
                                                    excavator, and a dump truck. In                         Supervisor, IPNF, Forest Service, is the
                                                    addition, several pickup trucks or SUVs                                                                       requires Federal agencies to review all
                                                                                                            deciding official for the Forest Service.             actions which may affect resources
                                                    would be needed to transport
                                                    construction personnel to and from the                  Public Scoping Process                                listed on, or eligible for, the National
                                                    area. The Agencies anticipate that upon                                                                       Register of Historic Places in order to
                                                                                                               Public scoping for the Bog Creek Road
                                                    completion of the proposed repairs and                                                                        take into account the effects of their
                                                                                                            repair and maintenance proposal was
                                                    maintenance, the 5.6-mile section of Bog                                                                      undertakings on historic properties, and
                                                                                                            initially conducted by CBP in February
                                                    Creek Road would remain closed for                                                                            to afford the Idaho State Historic
                                                                                                            and March of 2013. Information
                                                    public motorized use and would be                                                                             Preservation Officer and tribal
                                                                                                            gathered from the previous scoping
                                                    limited to administrative use only.                                                                           governments a reasonable opportunity
                                                                                                            effort was used to inform the Agencies
                                                                                                                                                                  to comment on such undertakings.
                                                    Closing Additional Roads for Motorized                  about what level of NEPA analysis was
                                                                                                                                                                  During the process of public scoping
                                                    Use                                                     necessary to evaluate the proposed
                                                                                                                                                                  and preparation of the EIS, the Agencies
                                                                                                            project. The initial scoping information
                                                      Another aspect of the proposed action                                                                       seek to identify interested parties and
                                                                                                            included the possibility that road
                                                    would involve the closure of certain                                                                          obtain public comments on historic
                                                                                                            closures may become part of the
                                                    roads within the Blue-Grass BMU. Bog                                                                          preservation issues related to the road
                                                                                                            proposed action, but did not include
                                                    Creek Road is located in the Blue-Grass                                                                       repair and closure of roads for
                                                                                                            specific motorized road closure
                                                    BMU within the SRZ. This BMU area is                                                                          motorized use.
                                                                                                            information. Using initial scoping
                                                    currently not meeting Access                            information, the Agencies determined                  Preliminary Issues
                                                    Amendment standards for motorized                       that the NEPA analysis would be                          Based upon the initial project
                                                    access in a grizzly bear habitat. The                   conducted through an EIS process. All                 scoping, some preliminary issues have
                                                    Agencies anticipate that other roads                    scoping comments submitted during the                 been identified as potential effects of the
                                                    within the Blue-Grass BMU area would                    initial scoping will be included in issue             proposed project. These include effects
                                                    need to be closed for motorized use                     development for the current EIS                       on:
                                                    under this proposed action. The road                    process. A Scoping Report that                           • Border security;
                                                    closures would be necessary to mitigate                 summarizes the initial scoping effort is                 • threatened and endangered species
                                                    the potential impacts to grizzly bear                   available for review at http://                       including grizzly bear, caribou, lynx,
                                                    habitats associated with the repair and                 www.cbp.gov/about/environmental-                      and bull trout;
                                                    subsequent use of Bog Creek Road and                    cultural-stewardship/nepa-documents/                     • Blue-Grass BMU grizzly bear core
                                                    to allow the Forest Service to meet the                 docs-review.                                          habitat requirement;
                                                    Access Amendment standards and its                         This Notice of Intent (NOI) initiates                 • National Forest access; and
                                                    statutory obligations under the ESA.                    the public scoping process which will                    • biological resources including
                                                    Because there are limited options                       guide the development of the EIS. All                 fisheries, wildlife, sensitive plants, and
                                                    regarding roads to close for motorized                  interested parties are invited to
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  noxious weeds.
                                                    use to meet the Access Amendment                        participate in the scoping process. CBP
                                                    standards, the Agencies are working                     and the Forest Service invite agencies,               Permits and Licenses Required
                                                    together to determine alternatives that                 organizations, and the general public to                The proposed project would likely
                                                    would meet CBP’s requirements for                       provide input to this process of scoping              require a Clean Water Act Section 404
                                                    border access as well as the Forest                     environmental issues for consideration                Permit. The Agencies will work with the
                                                    Service’s requirements to comply with                   in the EIS. Written comments may be                   Idaho Department of Environmental
                                                    the Access Amendment standards and                      submitted as described in the                         Quality and the U.S. Army Corps of
                                                    the ESA.                                                ADDRESSES section of this document.                   Engineers to determine the necessary


                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00059   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                    24842                        Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Notices

                                                    permit process. All required permits                    or to show evidence of having in effect               used to meet the floodplain
                                                    would be obtained prior to project                      in order to qualify or remain qualified               management requirements of the NFIP
                                                    implementation.                                         for participation in the National Flood               and also are used to calculate the
                                                                                                            Insurance Program (NFIP). In addition,                appropriate flood insurance premium
                                                    Next Steps
                                                                                                            the FIRM and FIS report, once effective,              rates for new buildings built after the
                                                      In accordance with NEPA, the draft                    will be used by insurance agents and                  FIRM and FIS report become effective.
                                                    EIS will be made available to the public                others to calculate appropriate flood                    The communities affected by the
                                                    for review and comment through a                        insurance premium rates for new                       flood hazard determinations are
                                                    Notice of Availability (NOA) in the                     buildings and the contents of those                   provided in the tables below. Any
                                                    Federal Register. The NOA will provide                  buildings.                                            request for reconsideration of the
                                                    directions for obtaining copies of the                                                                        revised flood hazard information shown
                                                                                                            DATES:  Comments are to be submitted
                                                    draft EIS as well as dates and locations                                                                      on the Preliminary FIRM and FIS report
                                                                                                            on or before July 26, 2016.
                                                    for any associated public participation                                                                       that satisfies the data requirements
                                                                                                            ADDRESSES: The Preliminary FIRM, and
                                                    meetings. After a public comment                                                                              outlined in 44 CFR 67.6(b) is considered
                                                    period on the draft EIS, CBP and the                    where applicable, the FIS report for
                                                                                                            each community are available for                      an appeal. Comments unrelated to the
                                                    Forest Service will complete a final EIS.                                                                     flood hazard determinations also will be
                                                                                                            inspection at both the online location
                                                      Dated: April 21, 2016.                                and the respective Community Map                      considered before the FIRM and FIS
                                                    Karl H. Calvo,                                          Repository address listed in the tables               report become effective.
                                                    Executive Director, Facilities Management               below. Additionally, the current                         Use of a Scientific Resolution Panel
                                                    and Engineering, Office of Administration.              effective FIRM and FIS report for each                (SRP) is available to communities in
                                                    Shanda Fallau Dekome,                                   community are accessible online                       support of the appeal resolution
                                                    Acting Forest Supervisor, Idaho Panhandle               through the FEMA Map Service Center                   process. SRPs are independent panels of
                                                    National Forests, U.S. Forest Service.                  at www.msc.fema.gov for comparison.                   experts in hydrology, hydraulics, and
                                                    [FR Doc. 2016–09790 Filed 4–26–16; 8:45 am]                You may submit comments, identified                other pertinent sciences established to
                                                    BILLING CODE 9111–14–P                                  by Docket No. FEMA–B–1610, to Rick                    review conflicting scientific and
                                                                                                            Sacbibit, Chief, Engineering Services                 technical data and provide
                                                                                                            Branch, Federal Insurance and                         recommendations for resolution. Use of
                                                    DEPARTMENT OF HOMELAND                                  Mitigation Administration, FEMA, 500                  the SRP only may be exercised after
                                                    SECURITY                                                C Street SW., Washington, DC 20472,                   FEMA and local communities have been
                                                                                                            (202) 646–7659, or (email)                            engaged in a collaborative consultation
                                                    Federal Emergency Management                            patrick.sacbibit@fema.dhs.gov.                        process for at least 60 days without a
                                                    Agency                                                  FOR FURTHER INFORMATION CONTACT: Rick                 mutually acceptable resolution of an
                                                    [Docket ID FEMA–2016–0002; Internal                     Sacbibit, Chief, Engineering Services                 appeal. Additional information
                                                    Agency Docket No. FEMA–B–1610]                          Branch, Federal Insurance and                         regarding the SRP process can be found
                                                                                                            Mitigation Administration, FEMA, 500                  online at http://floodsrp.org/pdfs/srp_
                                                    Proposed Flood Hazard                                   C Street SW., Washington, DC 20472,                   fact_sheet.pdf.
                                                    Determinations                                          (202) 646–7659, or (email)                               The watersheds and/or communities
                                                                                                            patrick.sacbibit@fema.dhs.gov; or visit               affected are listed in the tables below.
                                                    AGENCY: Federal Emergency
                                                                                                            the FEMA Map Information eXchange                     The Preliminary FIRM, and where
                                                    Management Agency, DHS.
                                                                                                            (FMIX) online at                                      applicable, FIS report for each
                                                    ACTION: Notice.
                                                                                                            www.floodmaps.fema.gov/fhm/fmx_                       community are available for inspection
                                                    SUMMARY:   Comments are requested on                    main.html.                                            at both the online location and the
                                                    proposed flood hazard determinations,                   SUPPLEMENTARY INFORMATION:      FEMA                  respective Community Map Repository
                                                    which may include additions or                          proposes to make flood hazard                         address listed in the tables. For
                                                    modifications of any Base Flood                         determinations for each community                     communities with multiple ongoing
                                                    Elevation (BFE), base flood depth,                      listed below, in accordance with section              Preliminary studies, the studies can be
                                                    Special Flood Hazard Area (SFHA)                        110 of the Flood Disaster Protection Act              identified by the unique project number
                                                    boundary or zone designation, or                        of 1973, 42 U.S.C. 4104, and 44 CFR                   and Preliminary FIRM date listed in the
                                                    regulatory floodway on the Flood                        67.4(a).                                              tables. Additionally, the current
                                                    Insurance Rate Maps (FIRMs), and                           These proposed flood hazard                        effective FIRM and FIS report for each
                                                    where applicable, in the supporting                     determinations, together with the                     community are accessible online
                                                    Flood Insurance Study (FIS) reports for                 floodplain management criteria required               through the FEMA Map Service Center
                                                    the communities listed in the table                     by 44 CFR 60.3, are the minimum that                  at www.msc.fema.gov for comparison.
                                                    below. The purpose of this notice is to                 are required. They should not be                      (Catalog of Federal Domestic Assistance No.
                                                    seek general information and comment                    construed to mean that the community                  97.022, ‘‘Flood Insurance.’’)
                                                    regarding the preliminary FIRM, and                     must change any existing ordinances
                                                    where applicable, the FIS report that the               that are more stringent in their                        Dated: April 12, 2016.
                                                    Federal Emergency Management Agency                     floodplain management requirements.                   Roy E. Wright,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (FEMA) has provided to the affected                     The community may at any time enact                   Deputy Associate Administrator for Insurance
                                                    communities. The FIRM and FIS report                    stricter requirements of its own or                   and Mitigation, Department of Homeland
                                                    are the basis of the floodplain                         pursuant to policies established by other             Security, Federal Emergency Management
                                                                                                                                                                  Agency.
                                                    management measures that the                            Federal, State, or regional entities.
                                                    community is required either to adopt                   These flood hazard determinations are                    I. Watershed-based studies:




                                               VerDate Sep<11>2014   17:29 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1



Document Created: 2018-02-07 13:55:39
Document Modified: 2018-02-07 13:55:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to prepare a Joint Environmental Impact Statement concerning the repair and maintenance of Bog Creek Road and closure of certain roads within the Blue-Grass Bear Management Unit in the Selkirk Mountains in Boundary County, Idaho; request for comments; and notice of public scoping.
DatesThe scoping comment period will be 30 days. To ensure consideration, comments must be received by May 27, 2016.
ContactPaul Enriquez, CBP, Border Patrol Facilities & Tactical Infrastructure Program Management Office, by telephone at (949) 643-6365, or by email at [email protected] You may also visit the CBP public Web site for more information at: http://www.cbp.gov/about/environmental-cultural-stewardship/nepa- documents/docs-review. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.
FR Citation81 FR 24839 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR