81_FR_91393 81 FR 91151 - Notice of Availability of the Draft Missouri River Recovery Management Plan and Environmental Impact Statement

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)

Page Range91151-91154
FR Document2016-30294

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 Issue 242 (Friday, December 16, 2016)
[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.

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

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



                                                                              Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                                91151

                                                     3. Identify and evaluate practicable                 provided, consider initial                            as their understanding of EO 11988 and
                                                  alternatives to locating in the base                    implementation experience to identify                 EO 13690. When comments are being
                                                  floodplain, including alternative sites                 any necessary clarifications or changes,              made on specific sections of the
                                                  outside of the floodplain.                              and incorporate any changes introduced                document, USACE requests that
                                                     4. Identify impacts of the proposed                  by the reassessment of the FFRMS                      commenters identify the relevant page
                                                  action.                                                 required by EO 13690. After two years,                and line numbers to which the comment
                                                     5. If impacts cannot be avoided,                     the EC will either be revised and                     applies.
                                                  develop measures to minimize the                        reissued or converted to an ER, which                   All comments, literature citations,
                                                  impacts and restore and preserve the                    does not expire and is more permanent                 experiential references, data, other
                                                  floodplain, as appropriate.                             agency guidance.                                      relevant reports, and input in response
                                                     6. Reevaluate alternatives.                             The draft EC is intended to provide                to the guiding topics and issues are
                                                     7. Present the findings and a public                 overarching guidance to all USACE                     being accepted through email, or
                                                  explanation.                                            Civil Works mission areas. As such, it                through the postal service. All
                                                     8. Implement the action.                             does not provide extensive detail about               comments submitted by the date
                                                     Following issuance of EO 11988 and                   how the requirements will be                          identified above will be compiled and
                                                  the corresponding interagency                           implemented within specific program                   sent to the PDT for their consideration.
                                                  Implementing Guidelines, USACE                          areas or activities; instead it establishes
                                                  developed Engineering Regulation (ER)                   intended implementation principles                    Future Actions
                                                  1165–2–26 for interpreting and                          that will be clarified in greater detail in              Feedback and comments provided in
                                                  implementing the requirements of EO                     individual program specific guidance                  response to this notice will be
                                                  11988. The regulation applies to all field              documents, to be developed or revised                 considered and the draft EC will be
                                                  operating activities having Civil Works                 at a later date. Generally, the new                   updated as appropriate. When the final
                                                  responsibilities, with the exception of                 requirements will be incorporated into                EC is published, a notice will be placed
                                                  the Regulatory Program which                            specific guidance documents as they are               in the Federal Register and on the
                                                  implements EO 11988 through its                         updated through the agency’s regular                  USACE EO 13690 Implementation Web
                                                  regulations. Section 14 of ER 1165–2–26                 process and schedule, unless a new                    site, and the document itself will be
                                                  explains how EO 11988 applies to                        guidance document needs to be                         made available through the USACE
                                                  specific Civil Works programs.                          prepared to address some aspect of                    publications Web site (http://
                                                     On January 30, 2015, the White House                 implementation of the requirements.                   www.publications.usace.army.mil/).
                                                  issued Executive Order 13690—                           USACE now invites review and
                                                                                                                                                                  Dated: December 12, 2016.
                                                  Establishing a Federal Flood Risk                       comment from our partners and
                                                  Management Standard and a Process for                                                                         Karen Durham-Aguilera,
                                                                                                          stakeholders on the proposed
                                                  Further Soliciting and Considering                      implementation guidance contained                     Director of Contingency, Operations and
                                                  Public Input. EO 13690 and the Federal                  within the draft EC.                                  Homeland Security.
                                                  Flood Risk Management Standard                                                                                [FR Doc. 2016–30240 Filed 12–15–16; 8:45 am]
                                                  (FFRMS), implemented through                            Instructions for Providing Comments                   BILLING CODE 3720–58–P
                                                  guidelines established by the Water                     Online
                                                  Resources Council (‘‘Implementing                         USACE is requesting assistance in the
                                                  Guidelines’’), updated EO 11988 to                      form of data, comments, literature                    DEPARTMENT OF DEFENSE
                                                  include the following:                                  references, or field experiences, to help
                                                     • Requires the use of an expanded                    clarify the policy requirements for                   Department of the Army, U.S. Army
                                                  floodplain for some actions that are                    implementing EO 11988 and EO 13690                    Corps of Engineers
                                                  federal investments.                                    for agency activities. The draft EC is
                                                                                                                                                                Notice of Availability of the Draft
                                                     • Requires that the elevation and                    available for review on the USACE EO
                                                                                                                                                                Missouri River Recovery Management
                                                  horizontal extent of the expanded                       13690 Implementation Web site (http://
                                                                                                                                                                Plan and Environmental Impact
                                                  floodplain be determined using one of                   www.iwr.usace.army.mil/Missions/
                                                                                                                                                                Statement
                                                  three approaches: The climate-informed                  FloodRiskManagement/
                                                  science approach, the freeboard value                   FloodRiskManagementProgram/                           AGENCY: Department of the Army, U.S.
                                                  approach, and the 500-year flood                        AbouttheProgram/PolicyandGuidance/                    Army Corps of Engineers, DoD.
                                                  elevation approach.                                     FederalFloodRiskManagement                            ACTION: Notice.
                                                     • Requires agencies to use natural                   Standard.aspx). An Executive Summary
                                                  and nature based approaches, where                      of the draft EC is also available on the              SUMMARY:   The Kansas City and Omaha
                                                  possible.                                               Web site to provide a high-level                      Districts of the U.S. Army Corps of
                                                     • Establishes higher standards for                   overview of the document and summary                  Engineers (USACE), in cooperation with
                                                  critical actions.                                       of the more substantial changes since                 the U.S. Fish and Wildlife Service
                                                     USACE established a Product                          the original 1984 ER. Additionally, a list            (USFWS), have developed the Missouri
                                                  Development Team (PDT) to investigate                   of topics and issues for which feedback               River Recovery Management Plan and
                                                  what impacts EO 13690 and the FFRMS                     would be especially helpful is posted                 Environmental Impact Statement
                                                  would have on its policies and programs                 for reviewer’s consideration. While                   (MRRMP–EIS). This document is a
                                                  and, in particular, to develop revised                  USACE welcomes any and all feedback                   programmatic assessment of (1) major
                                                  implementation guidance for EO 11988,                   on the draft EC, feedback responding to               federal actions necessary to avoid a
                                                  as amended. A draft Engineer Circular                   the list of identified topics and issues              finding of jeopardy to the pallid
mstockstill on DSK3G9T082PROD with NOTICES




                                                  (EC) that will ultimately rescind ER                    will be particularly helpful to USACE in              sturgeon (Scaphirhynchus albus),
                                                  1165–2–26 has been developed to                         clarifying areas requiring new policy or              interior least tern (Sterna antillarum
                                                  provide overarching guidance for the                    practice. The most useful comments are                athalassos), and the Northern Great
                                                  implementation of EO 11988, as                          from specific experiences and case                    Plains piping plover (Charadrius
                                                  amended. The EC will expire two years                   examples. Commenters should use their                 melodus) caused by operation of the
                                                  from issuance, which will provide                       knowledge of working with USACE on                    Missouri River Mainstem and Kansas
                                                  USACE time to evaluate the guidance                     various types of federal actions as well              River Reservoir System and operation


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                                                  91152                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  and maintenance of the Missouri River                   primary downstream flood control                      the development of the AM plan and
                                                  Bank Stabilization and Navigation                       projects of Clinton, Perry, Tuttle Creek,             incorporate new knowledge about the
                                                  Project (BSNP) in accordance with the                   Milford, Waconda (U.S. Bureau of                      species accrued since the 2003
                                                  Endangered Species Act (ESA) of 1973,                   Reclamation), Wilson, and Kanopolis.                  Amended BiOp. Since the 2011 report,
                                                  as amended; and (2) the Missouri River                  USACE also constructed and maintains                  the first phase of the effects analysis has
                                                  BSNP fish and wildlife mitigation plan                  the Missouri River Bank Stabilization                 been completed and documented for
                                                  described in the 2003 Record of                         and Navigation Project which provides                 pallid sturgeon, interior least tern,
                                                  Decision (ROD) and authorized by the                    a 9-foot deep navigation channel with a               piping plover, and associated habitat
                                                  Water Resources Development Acts                        minimum width of 300 feet during the                  analyses.
                                                  (WRDA) of 1986, 1999, and 2007.                         navigation season from April 1 to                        The purpose of this draft MRRMP–EIS
                                                  DATES: Submit written comments on the                   November 30 between Sioux City, Iowa,                 is to develop a suite of actions that
                                                  draft EIS on or before February 24, 2017.               and the mouth near St. Louis, Missouri.               allows the USACE to meet its
                                                  ADDRESSES: Send written comments to                     The BSNP consists mainly of rock pile                 obligations under the Endangered
                                                  U.S. Army Corps of Engineers, Omaha                     structures and revetments along the                   Species Act while still operating its
                                                  District, ATTN: CENWO–PM–AC—                            outsides of bends and transverse dikes                projects for the congressionally
                                                  MRRMP–EIS, 1616 Capitol Ave, Omaha,                     along the insides of bends to force the               authorized purposes. Authorities used
                                                  NE 68102; or provide comments via an                    river into a channel alignment that is                to meet this purpose may include
                                                  online comment form (preferred                          self-maintaining or self-scouring.                    existing USACE authorities related to
                                                  method) at http://parkplanning.nps.gov/                    During the course of the Master                    Missouri River System operations for
                                                  MRRMP.                                                  Manual Review and Update Study,                       listed species and acquisition and
                                                                                                          developed from 1989 to 2004, USACE                    development of land needed for creation
                                                  FOR FURTHER INFORMATION CONTACT: The
                                                                                                          entered into formal consultation with                 of habitat for listed species provided by
                                                  above address or email to cenwo-
                                                                                                          USFWS on the effects of the operation                 Section 601(a) of the Water Resources
                                                  planning@usace.army.mil.
                                                                                                          of the Missouri River Mainstem                        Development Act of 1986, as modified
                                                  SUPPLEMENTARY INFORMATION: The                          Reservoir System, operation and                       by Section 334(a) of WRDA 1999, and
                                                  USACE is issuing this notice pursuant                   maintenance of the BSNP, and operation                further modified by Section 3176 of
                                                  to section 102(2)(c) of the National                    of the Kansas River Reservoir System on               WRDA 2007, although alternatives
                                                  Environmental Policy Act of 1969                        the pallid sturgeon, interior least tern,             formulation was not limited to these
                                                  (NEPA), as amended (42 U.S.C. 4321 et                   and piping plover. A biological opinion               authorities.
                                                  seq.) and the Council on Environmental                  (BiOp) was issued by USFWS in 2000                       The draft MRRMP–EIS assesses the
                                                  Quality (CEQ) regulations for                           with a finding of jeopardy for all the                programmatic effects of alternatives for
                                                  implementing the procedural provisions                  listed species and a proposed                         implementing the MRRP, which include
                                                  of NEPA (43 CFR parts 1500 through                      Reasonable and Prudent Alternative                    actions necessary to avoid a finding of
                                                  1508). This notice announces the                        (RPA) that was accepted by the USACE.                 jeopardy to the federally-listed species
                                                  availability of the draft MRRMP–EIS                     In 2003, following additional
                                                  and begins the public comment period.                                                                         and associated actions which comply
                                                                                                          consultation, USFWS provided an                       with the BSNP mitigation plan during
                                                  The MRRMP–EIS, its appendices, and                      amended BiOp that determined the new
                                                  other supporting documents can be                                                                             the implementation timeframe for this
                                                                                                          proposed action by USACE would avoid                  EIS. This EIS provides the necessary
                                                  accessed at: www.moriverrecovery.org                    jeopardizing the continued existence of
                                                  under the ‘‘Management Plan’’ tab on                                                                          information for the public to fully
                                                                                                          the two listed bird species, but would                evaluate a range of alternatives to best
                                                  the Web site homepage.                                  continue to jeopardize the continued
                                                     Background Information. The                                                                                meet the purpose and need of the
                                                                                                          existence of the pallid sturgeon in the               MRRMP–EIS and to provide thoughtful
                                                  Missouri River flows for 2,341 miles                    wild. The Missouri River Recovery
                                                  from Three Forks, Montana at the                                                                              and meaningful comment for the
                                                                                                          Program (MRRP) was established in                     Agency’s consideration. Six alternatives
                                                  confluence of the Gallatin, Madison,                    2005 to implement the RPA
                                                  and Jefferson Rivers in the Rocky                                                                             were carried forward from the Effects
                                                                                                          requirements contained in the 2000 and
                                                  Mountains through the states of                                                                               Analysis results for detailed evaluation
                                                                                                          2003 BiOps and the BSNP fish and
                                                  Montana, North Dakota, South Dakota,                                                                          in the MRRMP–EIS (the no-action
                                                                                                          wildlife mitigation plan.
                                                  Nebraska, Iowa, Kansas, and Missouri. It                   A substantial amount of new                        alternative and five action alternatives).
                                                  is the longest river in the United States.              knowledge about the species, their                    The following management actions were
                                                  USACE operates the Missouri River                       habitats, and management actions has                  included in all six of the alternatives:
                                                  Mainstem Reservoir System (System)                      been developed since the 2003                         —Mechanical construction of emergent
                                                  consisting of six dams and reservoirs                   Amended BiOp was completed. The                          sandbar habitat (ESH);
                                                  with a capacity to store 72.4 million                   Independent Scientific Advisory Panel                 —Vegetation management, predator
                                                  acre-feet (MAF) of water, the largest                   (ISAP), established by the Missouri                      management, and human restriction
                                                  reservoir system in North America. The                  River Recovery Implementation                            measures on ESH;
                                                  System is operated as an integrated                     Committee (MRRIC), issued a report in                 —Pallid sturgeon propagation and
                                                  system for eight congressionally                        2011 that recommended development of                     augmentation;
                                                  authorized purposes, which include                      an overarching adaptive management                    —Pallid early life stage habitat
                                                  flood control, navigation, irrigation,                  (AM) plan that would anticipate                          construction downstream of Ponca,
                                                  hydropower, water supply, water                         implementation of combined flow                          Nebraska;
                                                  quality, recreation, and fish and                       management actions and mechanical                     —Habitat development and
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                                                  wildlife. USACE operates the System in                  habitat construction. They                               management of acquired lands; and
                                                  accordance with the policies and                        recommended an AM plan should be                      —Monitoring and evaluation of
                                                  procedures prescribed in the Missouri                   used to guide future management                          management actions.
                                                  River Mainstem Reservoir System                         actions, monitoring, research, and                    However the actual scale and extent of
                                                  Master Water Control Manual (Master                     assessment. The ISAP report also                      mechanical ESH creation and pallid
                                                  Manual) (USACE, 2006a). The Kansas                      recommended basing the AM plan on an                  early life stage habitat construction
                                                  River Reservoir System includes the                     effects analysis, which would precede                 would vary among the alternatives.


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                                                                              Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices                                          91153

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


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                                                  91154                       Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Notices

                                                  ADDRESSES section of this notice. Before                Jim Woodruff Lock and Dam and Lake                    total of 705 mgd to a range of 597–621
                                                  including your address, phone number,                   Seminole.                                             mgd—242 mgd from Lake Lanier
                                                  email address, or any other personal                       The purpose and need for the federal               (instead of 297 mgd) and 355–379 mgd
                                                  identifying information in your                         action is to determine how federal                    downstream (instead of 408 mgd)—
                                                  comment, you should be aware that                       projects in the ACF Basin should be                   through the year 2050 rather than 2040
                                                  your entire comment—including your                      operated for their authorized purposes,               as specified in the 2013 request.
                                                  personal identifying information—may                    in light of current conditions and                       USACE’s objectives for the Master
                                                  be made available to the public at any                  applicable law, and to implement those                Manual are to develop a water control
                                                  time. While you can request us to                       operations through updated water                      plan that meets the existing water
                                                  withhold your personal identifying                      control plans and manuals. The                        resource needs of the basin, fulfills its
                                                  information from public review, we                      proposed action will result in an                     responsibilities in operating for the
                                                  cannot guarantee that we will be able to                updated Master Manual and individual                  authorized project purposes, and
                                                  do so.                                                  project water control manuals (WCMs)                  complies with all pertinent laws. The
                                                    Dated: December 8, 2016.                              that comply with existing USACE                       FEIS presents the results of USACE’s
                                                                                                          regulations and reflect operations under              analysis of the environmental effects of
                                                  Mark Harberg,
                                                                                                          existing congressional authorizations,                the Proposed Action Alternative (PAA)
                                                  Missouri River Recovery Program Manager,
                                                  U.S. Army Corps of Engineers.
                                                                                                          taking into account changes in basin                  that the USACE believes accomplishes
                                                                                                          hydrology and demands from years of                   these objectives.
                                                  [FR Doc. 2016–30294 Filed 12–15–16; 8:45 am]
                                                                                                          growth and development, new/                             USACE evaluated an array of
                                                  BILLING CODE 3720–58–P                                                                                        potential water management alternatives
                                                                                                          rehabilitated structural features, legal
                                                                                                          developments, and environmental                       and optional water supply amounts
                                                                                                          issues. The action includes updates to                during the Master Manual update
                                                  DEPARTMENT OF DEFENSE                                                                                         process, resulting in the selection of the
                                                                                                          account for a June 28, 2011, decision of
                                                  Department of the Army; Corps of                        the 11th Circuit Court of Appeals.                    PAA. Additional information on the
                                                  Engineers                                                  On May 16, 2000, the Governor of the               components of the PAA can be found at
                                                                                                          State of Georgia submitted a formal                   http://www.sam.usace.army.mil/
                                                  Notice of Availability—Final                            request to the Assistant Secretary of the             Missions/PlanningEnvironmental/
                                                  Environmental Impact Statement for                      Army (Civil Works) to adjust the                      ACFMasterWaterControlManualUpdate/
                                                  the Update of the Water Control                         operation of Lake Lanier, and to enter                ACFDocumentLibrary.aspx.
                                                  Manuals and Water Supply Storage                        into agreements with the state or water                  One alternative available to USACE is
                                                  Assessment for the Apalachicola-                        supply providers to accommodate                       to continue with current operations.
                                                  Chattahoochee-Flint River Basin                         increases in water supply withdrawals                 This approach is termed the No Action
                                                                                                          from Lake Lanier and downstream at                    Alternative (NAA). The PAA would
                                                  AGENCY: Department of the Army, U.S.                    Atlanta over the next 30 years,                       update the water control plans and
                                                  Army Corps of Engineers, DoD.                           culminating in total gross withdrawals                manuals for the ACF Basin as directed
                                                  ACTION: Notice of availability.                         of 705 million gallons per day (mgd)—                 by Secretary of the Army Pete Geren on
                                                                                                          297 mgd from Lake Lanier and 408 mgd                  January 30, 2008. Additionally, the PAA
                                                  SUMMARY:   Notice is hereby given that
                                                                                                          downstream—by the year 2030. The                      would provide for releases from Buford
                                                  the U.S. Army Corps of Engineers,
                                                                                                          Assistant Secretary of the Army (Civil                Dam to satisfy Georgia’s 2015 request of
                                                  Mobile District (USACE), has released
                                                                                                          Works) in 2002 denied Georgia’s                       379 mgd from the Chattahoochee River
                                                  the Final Environmental Impact
                                                                                                          request. The 2011 decision of the 11th                for Metro Atlanta and would reallocate
                                                  Statement (FEIS) for the update of the
                                                                                                          Circuit Court of Appeals ordered                      storage in Lake Lanier of 252,950 acre-
                                                  Apalachicola-Chattahoochee-Flint                                                                              feet to satisfy Georgia’s 2015 request and
                                                                                                          USACE to reconsider whether it has the
                                                  (ACF) Water Control Master Manual                                                                             support average annual water supply
                                                                                                          legal authority to operate the Buford
                                                  (Master Manual) Alabama, Florida, and                                                                         withdrawals of up to 222 mgd.
                                                                                                          project to accommodate Georgia’s
                                                  Georgia including a water supply                                                                                 The FEIS responds to, and
                                                                                                          request. USACE provided a legal
                                                  storage assessment addressing                                                                                 incorporates agency and public
                                                                                                          opinion concluding that it has sufficient
                                                  reallocation of storage in Lake Sidney                                                                        comments received on the DEIS, which
                                                                                                          authority under applicable law to
                                                  Lanier (Lake Lanier).                                                                                         was available for public review from
                                                                                                          accommodate that request, but noted
                                                    A Notice of Availability was                                                                                October 2, 2015, through January 15,
                                                                                                          that any decision to take action on
                                                  published by the Environmental                                                                                2016. Five open house style public
                                                                                                          Georgia’s request would require a
                                                  Protection Agency on December 16,                                                                             meetings were held on October 26th
                                                                                                          separate analysis. On January 11, 2013,
                                                  2016. The review period will end 30                                                                           through November 9th, 2015, and more
                                                                                                          the Governor of the state of Georgia
                                                  days after that date.                                                                                         than 300 persons attended these
                                                                                                          provided updated demographic and
                                                  DATES: The review period of the FEIS                    water demand data to confirm the                      workshops, either representing various
                                                  ends on January 14, 2017.                               continued need for 705 mgd to meet                    agencies and organizations or as
                                                  FOR FURTHER INFORMATION CONTACT: Mr.                    Georgia’s water needs from Lake Lanier                interested individual citizens. Two
                                                  Lewis Sumner at telephone (251) 694–                    and the Chattahoochee River to                        hundred seventy (270) comments on the
                                                  3857.                                                   approximately the year 2040 rather than               DEIS were submitted by agencies
                                                  SUPPLEMENTARY INFORMATION: The                          2030 as specified in the 2000 request.                (Federal, state, and local), private
                                                  Master Manual includes appendices                       On December 4, 2015, after the Draft                  organizations, and individuals. The
                                                  prepared for individual projects in the                 Environmental Impact Statement (DEIS)                 USACE responses to substantive agency
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                                                  ACF Basin and is the guide used by                      had been published, the Georgia                       and public comments are provided in
                                                  USACE to operate a system of five                       Environmental Protection Division                     appendix C of the FEIS.
                                                  federal reservoir projects in the basin—                (GAEPD), on behalf of the State of                       USACE incorporated pertinent
                                                  Buford Dam and Lake Lanier, West                        Georgia, provided additional updated                  revisions and updates to the EIS and the
                                                  Point Dam and Lake, Walter F. George                    demographic and water demand data                     WCM based on input received during
                                                  Lock and Dam and Lake, George W.                        (referred to as Georgia’s 2015 request)               the public review process. The key
                                                  Andrews Lock and Dam and Lake, and                      that reduced the state’s needs from a                 revisions and updates to the documents


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Document Created: 2018-02-14 09:07:15
Document Modified: 2018-02-14 09:07:15
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.
DatesSubmit written comments on the draft EIS on or before February 24, 2017.
FR Citation81 FR 91151 

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