81 FR 91151 - Notice of Availability of the Draft Missouri River Recovery Management Plan and Environmental Impact Statement

DEPARTMENT OF DEFENSE
Department of the Army, U.S. Army Corps of Engineers

Federal Register Volume 81, Issue 242 (December 16, 2016)

The Kansas City and Omaha Districts of the U.S. Army Corps of Engineers (USACE), in cooperation with the U.S. Fish and Wildlife Service (USFWS), have developed the Missouri River Recovery Management Plan and Environmental Impact Statement (MRRMP-EIS). This document is a programmatic assessment of (1) major federal actions necessary to avoid a finding of jeopardy to the pallid sturgeon (Scaphirhynchus albus), interior least tern (Sterna antillarum athalassos), and the Northern Great Plains piping plover (Charadrius melodus) caused by operation of the Missouri River Mainstem and Kansas River Reservoir System and operation and maintenance of the Missouri River Bank Stabilization and Navigation Project (BSNP) in accordance with the Endangered Species Act (ESA) of 1973, as amended; and (2) the Missouri River BSNP fish and wildlife mitigation plan described in the 2003 Record of Decision (ROD) and authorized by the Water Resources Development Acts (WRDA) of 1986, 1999, and 2007.

[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91151-91154]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30294]


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DEPARTMENT OF DEFENSE

Department of the Army, U.S. Army Corps of Engineers


Notice of Availability of the Draft Missouri River Recovery 
Management Plan and Environmental Impact Statement

AGENCY: Department of the Army, U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: The Kansas City and Omaha Districts of the U.S. Army Corps of 
Engineers (USACE), in cooperation with the U.S. Fish and Wildlife 
Service (USFWS), have developed the Missouri River Recovery Management 
Plan and Environmental Impact Statement (MRRMP-EIS). This document is a 
programmatic assessment of (1) major federal actions necessary to avoid 
a finding of jeopardy to the pallid sturgeon (Scaphirhynchus albus), 
interior least tern (Sterna antillarum athalassos), and the Northern 
Great Plains piping plover (Charadrius melodus) caused by operation of 
the Missouri River Mainstem and Kansas River Reservoir System and 
operation

[[Page 91152]]

and maintenance of the Missouri River Bank Stabilization and Navigation 
Project (BSNP) in accordance with the Endangered Species Act (ESA) of 
1973, as amended; and (2) the Missouri River BSNP fish and wildlife 
mitigation plan described in the 2003 Record of Decision (ROD) and 
authorized by the Water Resources Development Acts (WRDA) of 1986, 
1999, and 2007.

DATES: Submit written comments on the draft EIS on or before February 
24, 2017.

ADDRESSES: Send written comments to U.S. Army Corps of Engineers, Omaha 
District, ATTN: CENWO-PM-AC--MRRMP-EIS, 1616 Capitol Ave, Omaha, NE 
68102; or provide comments via an online comment form (preferred 
method) at http://parkplanning.nps.gov/MRRMP.

FOR FURTHER INFORMATION CONTACT: The above address or email to [email protected].

SUPPLEMENTARY INFORMATION: The USACE is issuing this notice pursuant to 
section 102(2)(c) of the National Environmental Policy Act of 1969 
(NEPA), as amended (42 U.S.C. 4321 et seq.) and the Council on 
Environmental Quality (CEQ) regulations for implementing the procedural 
provisions of NEPA (43 CFR parts 1500 through 1508). This notice 
announces the availability of the draft MRRMP-EIS and begins the public 
comment period. The MRRMP-EIS, its appendices, and other supporting 
documents can be accessed at: www.moriverrecovery.org under the 
``Management Plan'' tab on the Web site homepage.
    Background Information. The Missouri River flows for 2,341 miles 
from Three Forks, Montana at the confluence of the Gallatin, Madison, 
and Jefferson Rivers in the Rocky Mountains through the states of 
Montana, North Dakota, South Dakota, Nebraska, Iowa, Kansas, and 
Missouri. It is the longest river in the United States. USACE operates 
the Missouri River Mainstem Reservoir System (System) consisting of six 
dams and reservoirs with a capacity to store 72.4 million acre-feet 
(MAF) of water, the largest reservoir system in North America. The 
System is operated as an integrated system for eight congressionally 
authorized purposes, which include flood control, navigation, 
irrigation, hydropower, water supply, water quality, recreation, and 
fish and wildlife. USACE operates the System in accordance with the 
policies and procedures prescribed in the Missouri River Mainstem 
Reservoir System Master Water Control Manual (Master Manual) (USACE, 
2006a). The Kansas River Reservoir System includes the primary 
downstream flood control projects of Clinton, Perry, Tuttle Creek, 
Milford, Waconda (U.S. Bureau of Reclamation), Wilson, and Kanopolis. 
USACE also constructed and maintains the Missouri River Bank 
Stabilization and Navigation Project which provides a 9-foot deep 
navigation channel with a minimum width of 300 feet during the 
navigation season from April 1 to November 30 between Sioux City, Iowa, 
and the mouth near St. Louis, Missouri. The BSNP consists mainly of 
rock pile structures and revetments along the outsides of bends and 
transverse dikes along the insides of bends to force the river into a 
channel alignment that is self-maintaining or self-scouring.
    During the course of the Master Manual Review and Update Study, 
developed from 1989 to 2004, USACE entered into formal consultation 
with USFWS on the effects of the operation of the Missouri River 
Mainstem Reservoir System, operation and maintenance of the BSNP, and 
operation of the Kansas River Reservoir System on the pallid sturgeon, 
interior least tern, and piping plover. A biological opinion (BiOp) was 
issued by USFWS in 2000 with a finding of jeopardy for all the listed 
species and a proposed Reasonable and Prudent Alternative (RPA) that 
was accepted by the USACE. In 2003, following additional consultation, 
USFWS provided an amended BiOp that determined the new proposed action 
by USACE would avoid jeopardizing the continued existence of the two 
listed bird species, but would continue to jeopardize the continued 
existence of the pallid sturgeon in the wild. The Missouri River 
Recovery Program (MRRP) was established in 2005 to implement the RPA 
requirements contained in the 2000 and 2003 BiOps and the BSNP fish and 
wildlife mitigation plan.
    A substantial amount of new knowledge about the species, their 
habitats, and management actions has been developed since the 2003 
Amended BiOp was completed. The Independent Scientific Advisory Panel 
(ISAP), established by the Missouri River Recovery Implementation 
Committee (MRRIC), issued a report in 2011 that recommended development 
of an overarching adaptive management (AM) plan that would anticipate 
implementation of combined flow management actions and mechanical 
habitat construction. They recommended an AM plan should be used to 
guide future management actions, monitoring, research, and assessment. 
The ISAP report also recommended basing the AM plan on an effects 
analysis, which would precede the development of the AM plan and 
incorporate new knowledge about the species accrued since the 2003 
Amended BiOp. Since the 2011 report, the first phase of the effects 
analysis has been completed and documented for pallid sturgeon, 
interior least tern, piping plover, and associated habitat analyses.
    The purpose of this draft MRRMP-EIS is to develop a suite of 
actions that allows the USACE to meet its obligations under the 
Endangered Species Act while still operating its projects for the 
congressionally authorized purposes. Authorities used to meet this 
purpose may include existing USACE authorities related to Missouri 
River System operations for listed species and acquisition and 
development of land needed for creation of habitat for listed species 
provided by Section 601(a) of the Water Resources Development Act of 
1986, as modified by Section 334(a) of WRDA 1999, and further modified 
by Section 3176 of WRDA 2007, although alternatives formulation was not 
limited to these authorities.
    The draft MRRMP-EIS assesses the programmatic effects of 
alternatives for implementing the MRRP, which include actions necessary 
to avoid a finding of jeopardy to the federally-listed species and 
associated actions which comply with the BSNP mitigation plan during 
the implementation timeframe for this EIS. This EIS provides the 
necessary information for the public to fully evaluate a range of 
alternatives to best meet the purpose and need of the MRRMP-EIS and to 
provide thoughtful and meaningful comment for the Agency's 
consideration. Six alternatives were carried forward from the Effects 
Analysis results for detailed evaluation in the MRRMP-EIS (the no-
action alternative and five action alternatives). The following 
management actions were included in all six of the alternatives:

--Mechanical construction of emergent sandbar habitat (ESH);
--Vegetation management, predator management, and human restriction 
measures on ESH;
--Pallid sturgeon propagation and augmentation;
--Pallid early life stage habitat construction downstream of Ponca, 
Nebraska;
--Habitat development and management of acquired lands; and
--Monitoring and evaluation of management actions.

However the actual scale and extent of mechanical ESH creation and 
pallid early life stage habitat construction would vary among the 
alternatives.

[[Page 91153]]

    Under the no-action alternative, USACE would continue to implement 
the MRRP as it is currently. In addition to the actions common to all 
alternatives, the USACE would mechanically construct ESH at a rate of 
107 acres per year in the Garrison and Gavins Point reaches and 
construct pallid early life stage habitat to achieve an average of 20 
acres of shallow water habitat per river mile. The no-action 
alternative would also continue to implement the plenary spring pulse 
included in the Master Manual.
    Alternative 2 represents the USFWS's interpretation of the 
management actions that could be ultimately implemented as part of the 
2003 Amended BiOp RPA. In addition to the actions common to all 
alternatives, the USACE would mechanically construct ESH at a rate up 
to 3,546 acres per year in the Garrison, Fort Randall, Lewis and Clark 
Lake, and Gavins Point reaches and pallid early life stage habitat to 
achieve an average of 30 acres of shallow water habitat per river mile. 
Alternative 2 would also include a spring pallid flow release 
consisting of a bimodal pulse in March and May and a low summer flow.
    Under Alternatives 3-6, the USACE would follow the processes and 
criteria in the AM plan (companion document to the MRRMP-EIS) that was 
developed based on the results of the Effects Analysis. The AM plan 
identifies the process and criteria to implement initial management 
actions, assess hypotheses, and introduce new management actions should 
they become necessary. Initial management actions include specific 
study efforts to fill data gaps in knowledge of the pallid sturgeon 
life cycle, creation of spawning habitat for pallid sturgeon to monitor 
effectiveness, and the construction of pallid early life stage habitat 
following the interception and rearing complex (IRC) concept identified 
in the Effects Analysis.
    In addition to the actions common to Alternatives 3-6, Alternative 
3 would include mechanical construction of ESH at an average rate of 
391 acres per year when construction is needed in the Garrison, Fort 
Randall, and Gavins Point reaches. Alternative 3 would not implement 
the plenary spring pulse included in the Master Manual. However, as 
part of the AM plan the potential for a one-time spawning cue test 
release, if studies during the first 9-10 years do not provide a clear 
answer on whether a spawning cue is important, is included in 
Alternative 3.
    In addition to the actions common to Alternatives 3-6, Alternative 
4 would include mechanical construction of ESH at an average rate of 
240 acres per year when construction is needed in the Garrison, Fort 
Randall, and Gavins Point reaches. Alternative 4 also includes 
implementation of a spring ESH creation release if System storage is at 
42 MAF or greater on April 1, normal flows that could create 250 acres 
of ESH have not occurred in the previous four years, and downstream 
flow is below identified flood control constraints specific to this 
alternative. Alternative 4 also includes, as part of the AM plan, the 
potential for a one-time spawning cue release as described for 
Alternative 3.
    In addition to the actions common to Alternatives 3-6, Alternative 
5 would include mechanical construction of ESH at an average rate of 
309 acres per year when construction is needed in the Garrison, Fort 
Randall, and Gavins Point reaches. Alternative 5 also includes 
implementation of a fall ESH creation release if System storage is at 
54.5 MAF or greater on October 17, normal flows that could create 250 
acres of ESH have not occurred in the previous four years, and 
downstream flow is below identified flood control constraints specific 
to this alternative. Alternative 5, also includes, as part of the AM 
plan, the potential for a one-time spawning cue release as described 
for Alternative 3.
    In addition to the actions common to Alternatives 3-6, Alternative 
6 would include mechanical construction of ESH at an average rate of 
304 acres per year when construction is needed in the Garrison, Fort 
Randall, and Gavins Point reaches. Alternative 6 also includes 
implementation of a spawning cue release, attempted every 3 years, 
consisting of a bimodal pulse in March and May. These spawning cue 
releases would not be started or would be terminated whenever 
downstream flow is at identified flood control constraints specific to 
this alternative.
    The draft EIS evaluates the potential effects on the human 
environment associated with each of the above alternatives. Resources 
and uses evaluated include: River infrastructure and hydrological 
processes; pallid sturgeon; piping plover and interior least tern; fish 
and wildlife habitat; other special status species; water quality; air 
quality; cultural resources; land use and ownership; commercial sand 
and gravel dredging; flood risk management and interior drainage; 
hydropower; irrigation; navigation; recreation; thermal power; water 
supply; wastewater facilities; tribal interests (other); human health 
and safety; environmental justice; ecosystem services; and Mississippi 
River resources.
    Meetings. Six public meetings to share information and to allow the 
public to provide oral and written comments will be held from 5:00 p.m. 
to 8:45 p.m. on:
     Tuesday, February 7, 2017--Fort Peck Interpretive Center, 
Yellowstone Road, Fort Peck, Montana 59223.
     Wednesday, February 8, 2017--Bismarck State College, 
National Energy Center of Excellence, 1500 Edwards Ave., Bismarck, 
North Dakota 58506.
     Thursday, February 9, 2017--Ramkota Hotel and Conference 
Center, 920 W Sioux Avenue, Pierre, South Dakota 57501.
     Tuesday, February 14, 2017--Thompson Alumni Center, 
Bootstrapper Hall, 6705 Dodge Street, Omaha, Nebraska 68612.
     Wednesday, February 15, 2017--Hilton Kansas City Airport, 
Shawnee B, 8801 NW 112th Street, Kansas City, Missouri 64153.
     Thursday, February 16, 2017--Double Tree Inn by Hilton 
Hotel, Ballroom A & B, 16625 Swingley Ridge Road, Chesterfield, 
Missouri 63017.
    Each public meeting will begin with an open house at 5:00 p.m. A 
formal presentation will be provided at 5:45 p.m. followed by a public 
hearing session. Several different methods of submitting comments will 
be available at each public meeting. The public meeting dates or 
locations may change based on inclement weather or exceptional 
circumstances. If the meeting date or location is changed, the USACE 
will issue a press release and post it on www.moriverrecovery.org to 
announce the updated meeting details.
    Schedule. Public comments on the draft MRRMP-EIS must be received 
by February 24, 2017. The USACE will consider and respond to all 
comments received on the draft MRRMP-EIS when preparing the final 
MRRMP-EIS. The USACE expects to issue the final EIS in the spring of 
2018, at which time a Notice of Availability will be published in the 
Federal Register. A Record of Decision is expected in the spring of 
2018.
    Special Assistance for Public Meeting. The meeting facilities are 
physically accessible to people with disabilities. People needing 
special assistance to attend and/or participate in the meetings should 
contact: U.S. Army Corps of Engineers, Omaha District, ATTN: CENWO-PM-
AC, 1616 Capitol Ave., Omaha, NE 68102 or email [email protected]. To allow sufficient time to process special 
requests, please contact no later than one week before the public 
meeting.
    Public Disclosure Statement. If you wish to comment, you may mail 
your comments as indicated under the

[[Page 91154]]

ADDRESSES section of this notice. Before including your address, phone 
number, email address, or any other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made available to the 
public at any time. While you can request us to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Dated: December 8, 2016.
Mark Harberg,
Missouri River Recovery Program Manager, U.S. Army Corps of Engineers.
[FR Doc. 2016-30294 Filed 12-15-16; 8:45 am]
 BILLING CODE 3720-58-P