82_FR_19441 82 FR 19361 - Supplemental Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Proposed Mid-Barataria Sediment Diversion, in Plaquemines Parish, Louisiana

82 FR 19361 - Supplemental Notice of Intent To Prepare a Draft Environmental Impact Statement (DEIS) for the Proposed Mid-Barataria Sediment Diversion, in Plaquemines Parish, Louisiana

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 82, Issue 80 (April 27, 2017)

Page Range19361-19363
FR Document2017-08413

The Coastal Protection and Restoration Authority of Louisiana (CPRA) has requested approval from the U.S. Army Corps of Engineers, New Orleans District (USACE-MVN) to construct, maintain, and operate a sediment diversion structure off the right descending bank of the Mississippi River, at approximately 60.7 miles above ``Head of Passes'' in Plaquemines Parish, Louisiana. The proposed project, referred to as the Mid-Barataria Sediment Diversion (MBSD), would be designed to deliver sediment, freshwater, and nutrients from the Mississippi River into Barataria Basin. USACE-MVN intends to serve as the lead federal agency in preparing an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA). At this time, Cooperating Agencies on the EIS includes the: Environmental Protection Agency (EPA), Department of the Interior (DOI), National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and U.S. Department of Agriculture (USDA). The EIS for CPRA's proposed MBSD project will inform a permit decision for a Department of Army (DA) permit pursuant to Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act of 1899 (Section 10), and permissions under Section 14 of the Rivers and Harbors Act of 1899 (Section 408). In addition to informing USACE-MVN's decisions, the EIS will inform decisions made by the Deepwater Horizon Natural Resource Damage Assessment Louisiana Trustee Implementation Group (NRDA LA TIG) regarding restoration evaluation and related funding decisions relevant to the Deepwater Horizon natural resource damage settlement, any decision by the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA NMFS) that may be required under the Marine Mammal Protection Act (MMPA), and any additional regulatory or permit processes that may be required for the MBSD Project, to the extent practicable. USACE-MVN filed an original Notice of Intent (NOI) to prepare a DEIS for the MBSD project which was published in the Federal Register on October 4, 2013 (78 FR 61843). This Supplemental NOI serves to supplement the original NOI to update the MBSD project details, contact information for the proposed MBSD project, scoping provisions, and other pertinent information.

Federal Register, Volume 82 Issue 80 (Thursday, April 27, 2017)
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)]
[Notices]
[Pages 19361-19363]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08413]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Supplemental Notice of Intent To Prepare a Draft Environmental 
Impact Statement (DEIS) for the Proposed Mid-Barataria Sediment 
Diversion, in Plaquemines Parish, Louisiana

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

ACTION: Notice of intent.

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

SUMMARY: The Coastal Protection and Restoration Authority of Louisiana 
(CPRA) has requested approval from the U.S. Army Corps of Engineers, 
New Orleans District (USACE-MVN) to construct, maintain, and operate a 
sediment diversion structure off the right descending bank of the 
Mississippi River, at approximately 60.7 miles above ``Head of Passes'' 
in Plaquemines Parish, Louisiana. The proposed project, referred to as 
the Mid-Barataria Sediment Diversion (MBSD), would be designed to 
deliver sediment, freshwater, and nutrients from the Mississippi River 
into Barataria Basin. USACE-MVN intends to serve as the lead federal 
agency in preparing an Environmental Impact Statement (EIS) in 
accordance with the National Environmental Policy Act (NEPA). At this 
time, Cooperating Agencies on the EIS includes the: Environmental 
Protection Agency (EPA), Department of the Interior (DOI), National 
Oceanic and Atmospheric Administration (NOAA), National Marine 
Fisheries Service (NMFS), U.S. Fish and Wildlife Service (USFWS), and 
U.S. Department of Agriculture (USDA). The EIS for CPRA's proposed MBSD 
project will inform a permit decision for a Department of Army (DA) 
permit pursuant to Section 404 of the Clean Water Act (Section 404) and 
Section 10 of the Rivers and Harbors Act of 1899 (Section 10), and 
permissions under Section 14 of the Rivers and Harbors Act of 1899 
(Section 408). In addition to informing USACE-MVN's decisions, the EIS 
will inform decisions made by the Deepwater Horizon Natural Resource 
Damage Assessment Louisiana Trustee Implementation Group (NRDA LA TIG) 
regarding restoration evaluation and related funding decisions relevant 
to the Deepwater Horizon natural resource damage settlement, any 
decision by the National Oceanic and Atmospheric Administration's 
National Marine Fisheries Service (NOAA NMFS) that may be required 
under the Marine Mammal Protection Act (MMPA), and any additional 
regulatory or permit

[[Page 19362]]

processes that may be required for the MBSD Project, to the extent 
practicable. USACE-MVN filed an original Notice of Intent (NOI) to 
prepare a DEIS for the MBSD project which was published in the Federal 
Register on October 4, 2013 (78 FR 61843). This Supplemental NOI serves 
to supplement the original NOI to update the MBSD project details, 
contact information for the proposed MBSD project, scoping provisions, 
and other pertinent information.

FOR FURTHER INFORMATION CONTACT: Questions concerning the DA permit 
process should be directed to Mr. Brad LaBorde at U.S. Army Corps of 
Engineers, New Orleans District, Attn: CEMVN-OD-SE, 7400 Leake Avenue, 
New Orleans, LA 70118, by phone (504) 862-2225, or by email at CEMVN-Midbarataria@usace.army.mil. Questions and comments concerning the 
Section 408 permissions should be directed to Mr. Brad Inman at U.S. 
Army Corps of Engineers, New Orleans District, Attn: CEMVN-PM-P, 7400 
Leake Avenue, New Orleans, LA 70118, by phone (504) 862-2124, or by 
email at CEMVN-Midbarataria@usace.army.mil.

SUPPLEMENTARY INFORMATION:
    1. Proposed Action. CPRA describes the MBSD project as a large 
scale, complex ecosystem restoration project. When operated, a maximum 
nominal design flow of 75,000 cubic feet per second of sediment-laden 
water would be diverted from the Mississippi River into the Barataria 
Basin to reconnect and re-establish the natural or deltaic sediment 
deposition process between the Mississippi River and the Barataria 
Basin by delivering sediment, freshwater, and nutrients to reduce land 
loss and maintain and sustain wetlands. The sediment diversion would be 
approximately 1 to 2 miles long and primary features would include a 
gated diversion structure, a conveyance channel, and a potential back 
structure (for flood protection). The secondary features of the 
diversion would include a pump station or other mean of forced 
drainage, bridge or culvert crossing at Louisiana Highway 23, concrete 
side walls, earthen guide levees, scour protection and erosion control, 
and culverted road crossings. Under Section 10 and Section 404, the 
District Engineer will render a permit decision for the discharge of 
dredged and/or fill material into the waters of the U.S., as well as 
work, to include the installation and maintenance of structures, in 
navigable waters of the U.S., based on the public interest review and 
Section 404(b)(1) Clean Water Act guidelines. Under 33 U.S.C. 408, the 
Chief of Engineers reviews the potential impacts associated with 
proposals, operation or construction of which use, alter or modify 
existing USACE-MVN projects based on whether the project would be 
injurious to the public interest and the potential for the proposed 
project to impair existing or future Civil Works projects. If 
constructed as proposed, the MBSD footprint would directly impact 52.3 
acres of jurisdictional wetlands and 4.5 acres of waters of the U.S. 
The MBSD project footprint would also impact and require the potential 
relocation of numerous public utilities and facilities. In addition, 
the MBSD project would directly and/or indirectly impact multiple 
USACE-MVN projects, including but not limited to, projects within the 
Mississippi River & Tributaries Program; the Mississippi River (federal 
navigation) Ship Channel, the Gulf to Baton Rouge, Louisiana project; 
and the future New Orleans to Venice (NOV) Hurricane Protection Levee 
project.
    2. Alternatives. The EIS will address an array of alternatives 
based on the project purpose and need. USACE must identify the 
``overall'' project purpose, evaluate practicable alternatives, and 
determine whether the project is water dependent. Some alternatives 
will be considered from, but not limited to, existing studies including 
the Coastal Wetlands Planning, Protection, and Restoration Act (CWPPRA) 
Program, Louisiana Coastal Area (LCA) Ecosystem Restoration Study, LCA 
Medium Diversion at Myrtle Grove with Dedicated Dredging Feasibility 
Study, the State and non-governmental organizations (NGOs) Myrtle Grove 
Delta Building Diversion Modeling Effort in Support of LCA Medium 
Diversion at Myrtle Grove with Dedicated Dredging, the 2012 Louisiana 
Coastal Master Plan (LCMP), and the 2017 LCMP. The LA TIG may develop 
alternatives based on considerations under the Oil Pollution Act (OPA) 
NRDA restoration planning process and associated decision-making. 
Alternatives for purposes of any additional regulatory or permitting 
processes also would be developed and evaluated to the extent 
practical. Other alternatives may be developed through the NEPA scoping 
process.
    3. Scoping. Scoping is the NEPA process utilized for seeking public 
involvement in determining the range of alternatives and significant 
issues to be addressed in the EIS USACE-MVN invites full public 
participation to promote open communication on the issues surrounding 
the proposed action. The public will be involved in the scoping and 
evaluation process through advertisements, notices, and other means. 
Project information will also be available on USACE-MVN's Web site at: 
http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-Sediment-Diversion-EIS/. All individuals, organizations, 
NGOs, affected Indian tribes, and local, state, and Federal agencies 
that have an interest are urged to participate in the scoping process. 
Public scoping meeting(s) will be held to present information to the 
public and to receive comments from the public. The date, time, and 
location of the scoping meeting(s) will be announced once determined on 
the USACE-MVN public notice Web page (http://www.mvn.usace.army.mil/Missions/Regulatory/Public-Notices/) and in any other forms deemed 
appropriate. Comments will also be accepted via email or postal mail; 
USACE-MVN will provide information to the public as to where, when, and 
how to submit comments. Scoping meetings may happen in coordination 
with NOAA and the NRDA LA TIG in order to present to the public, 
solicit comments and inform other required authorizations and 
collaborative restoration evaluation involving the proposed project.
    4. Potentially Significant Issues. The EIS will analyze the 
potential impacts on the human and natural environment resulting from 
the project. The scoping, public involvement, and interagency 
coordination processes will help identify and define the range of 
potential significant issues that will be considered. Important 
resources and issues evaluated in the EIS could include, but are not 
limited to, the direct, indirect, and cumulative effects on tidal 
wetlands and other waters of the U.S.; aquatic resources; commercial 
and recreational fisheries; wildlife resources; essential fish habitat; 
water quality; cultural resources; geology and soils including 
agricultural land and prime and unique farmland; hydrology and 
hydraulics; air quality; marine mammals; threatened and endangered 
species and their critical habitat; net impacts on ecosystem services; 
navigation and navigable waters; induced flooding; employment; land 
use; property values; tax revenues; population and housing; community 
and regional growth; environmental justice; community cohesion; public 
services; recreation; transportation and traffic; utilities and 
community service systems; and cumulative effects of related projects 
in the study area. USACE-MVN will also consider issues identified and 
comments made throughout scoping, public involvement, and interagency

[[Page 19363]]

coordination. USACE-MVN expects to better define the issues of concern 
and the methods that will be used to evaluate those issues through the 
scoping process.
    5. Environmental Consultation and Review. USACE-MVN anticipates 
developing an EIS that meets NEPA requirements of several federal 
agencies evaluating whether to authorize and/or fund the proposed 
project. At this time the cooperating agencies includes: EPA, DOI, 
NOAA, NMFS, USFWS, and USDA. Other federal interests in the development 
of the EIS include those related to NMFS's obligations under the MMPA 
and the NRDA LA TIG Federal trustees' obligations under OPA NRDA 
regulations, Final Programmatic Damage Assessment and Restoration Plan 
and Final Programmatic Environmental Impact Statement, and the Consent 
Decree entered into in In re: Oil Spill by the Oil Rig ``Deepwater 
Horizon'' In the Gulf of Mexico. In addition to the federal interests 
noted above for general development of the EIS, USFWS will assist in 
documenting existing conditions and assessing effects of project 
alternatives through the Fish and Wildlife Coordination Act 
consultation procedures. Consultation will be accomplished with USFWS 
and NMFS concerning threatened and endangered species and their 
critical habitat per the Endangered Species Act. NMFS will be consulted 
regarding the effects of this proposed action on Essential Fish Habitat 
per the Magnuson-Stevens Fisheries Conservation and Management Act. 
USACE-MVN anticipates CPRA will submit an application for an incidental 
take authorization to NMFS in accordance with the MMPA.
    Questions regarding consultation or compliance requirements 
described herein, will be directed to the appropriate jurisdictional 
agency.
    6. The USACE-MVN will consult with the Louisiana State Historic 
Preservation Officer (SHPO) and the appropriate Tribal Historic 
Preservation Officers (THPO), per the National Historic Preservation 
Act.
    7. Availability. The DEIS is presently scheduled to be available 
for public review and comment by April 30, 2020. All comments received 
throughout the review process will become part of the administrative 
record for the proposed MBSD project and subject to public release.
    8. NRDA LA TIG NOI: The Deepwater Horizon NRDA LA TIG has published 
a Notice of Initiation of Restoration Planning that seeks to facilitate 
public involvement and streamline future processes by specifically 
seeking public comment on a controlled river diversion in Barataria 
Basin, such as the MBSD, in a future Restoration Plan under OPA. To 
facilitate the potential consideration of the MBSD under OPA, it is the 
intent of the NRDA LA TIG Trustees to assist the USACE in the 
preparation of the EIS for the Mid-Barataria Sediment Diversion.

Brenda S. Bowen,
Army Federal Register Liaison Officer.
[FR Doc. 2017-08413 Filed 4-26-17; 8:45 am]
 BILLING CODE 3720-58-P



                                                                                Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices                                          19361

                                                  Thirty-six (36) M1151 High Mobility                     the concurrence of the central                        DEPARTMENT OF DEFENSE
                                                    Multipurpose Wheeled Vehicles                         government. Requested equipment
                                                    (HMMWVs)                                              includes the following: (4,400) M16A4                 Department of the Army, Corps of
                                                  Seventy-seven (77) M1151 up-armored                     rifles; (46) M2 50 caliber machine guns;              Engineers
                                                    HMMWVs                                                (186) M240B machine guns; (36) M1151
                                                    Non-MDE: All necessary equipment                                                                            Supplemental Notice of Intent To
                                                                                                          HMMWVs; (77) M1151 up-armored
                                                  and accessories to outfit two Peshmerga                                                                       Prepare a Draft Environmental Impact
                                                                                                          HMMWVs; (12) 3 Kilowatt Tactical
                                                  Regional Brigades and two support                                                                             Statement (DEIS) for the Proposed
                                                                                                          Quiet Generator sets; body armor,                     Mid-Barataria Sediment Diversion, in
                                                  artillery battalions, to include twelve                 helmets, and other Organization
                                                  (12) 3 kilowatt tactical quiet generator                                                                      Plaquemines Parish, Louisiana
                                                                                                          Clothing and Individual Equipment
                                                  sets, body armor, helmets, and other                                                                          AGENCY: Department of the Army, U.S.
                                                                                                          (OCIE); small arms and associated
                                                  Organization Clothing and Individual                                                                          Army Corps of Engineers, DoD.
                                                                                                          accessories including tripods, cleaning
                                                  Equipment (OCIE); small arms and
                                                                                                          kits, magazines, and mounts; mortar                   ACTION: Notice of intent.
                                                  associated accessories including tripods,
                                                  cleaning kits, magazines, and mounts;                   systems and associated equipment;
                                                                                                          Chemical, Biological, Radiological,                   SUMMARY:   The Coastal Protection and
                                                  mortar systems and associated                                                                                 Restoration Authority of Louisiana
                                                  equipment; Chemical, Biological,                        Nuclear, and Explosive (CBRNE)
                                                                                                          detection and protective equipment;                   (CPRA) has requested approval from the
                                                  Radiological, Nuclear, and Explosive                                                                          U.S. Army Corps of Engineers, New
                                                  (CBRNE) detection and protective                        dismounted and mounted radio
                                                                                                                                                                Orleans District (USACE–MVN) to
                                                  equipment; dismounted and mounted                       systems; commercial navigation
                                                                                                                                                                construct, maintain, and operate a
                                                  radio systems; commercial navigation                    equipment including compasses,                        sediment diversion structure off the
                                                  equipment including compasses,                          binoculars, and Geospatial Position                   right descending bank of the Mississippi
                                                  binoculars, and Geospatial Position                     System (GPS) limited to the Standard                  River, at approximately 60.7 miles
                                                  System (GPS) limited to the Standard                    Positioning System (SPS); M1142                       above ‘‘Head of Passes’’ in Plaquemines
                                                  Positioning System (SPS); M1142                         HMMWVs; medical equipment; Mine                       Parish, Louisiana. The proposed project,
                                                  HMMWVs; medical equipment; Mine                         Resistant Ambush Protected Vehicles                   referred to as the Mid-Barataria
                                                  Resistant Ambush Protected Vehicles                     (MRAP); cargo and transportation                      Sediment Diversion (MBSD), would be
                                                  (MRAP); cargo and transportation                        equipment, including light tactical                   designed to deliver sediment,
                                                  equipment, including light tactical                     vehicles, medium tactical vehicles,                   freshwater, and nutrients from the
                                                  vehicles, medium tactical vehicles,                     water trucks, fuel trucks, and                        Mississippi River into Barataria Basin.
                                                  water trucks, fuel trucks, and                          ambulances; (36) refurbished M119A2                   USACE–MVN intends to serve as the
                                                  ambulances; thirty-six (36) refurbished                 105mm howitzers; spare parts, training                lead federal agency in preparing an
                                                  M119A2 105mm howitzers; RF–7800V                        and associated equipment related to the               Environmental Impact Statement (EIS)
                                                  Very High Frequency (VHF) dismounted                    mentioned vehicles and artillery                      in accordance with the National
                                                  radios; spare parts, training and                       systems.                                              Environmental Policy Act (NEPA). At
                                                  associated equipment related to the                                                                           this time, Cooperating Agencies on the
                                                  mentioned vehicles and artillery                           This proposed sale will contribute to
                                                                                                                                                                EIS includes the: Environmental
                                                  systems.                                                the foreign policy and national security
                                                                                                                                                                Protection Agency (EPA), Department of
                                                    (iv) Military Department: Army (ADI,                  objectives of the United States, by
                                                                                                                                                                the Interior (DOI), National Oceanic and
                                                  ADJ)                                                    supporting Iraq’s capacity to degrade                 Atmospheric Administration (NOAA),
                                                    (v) Prior Related Cases, if any: None                 and defeat the Islamic State of Iraq and              National Marine Fisheries Service
                                                    (vi) Sales Commission, Fee, etc., Paid,               the Levant (ISIL). Iraq will have no                  (NMFS), U.S. Fish and Wildlife Service
                                                  Offered, or Agreed to be Paid: None                     difficulty absorbing this equipment into              (USFWS), and U.S. Department of
                                                    (vii) Sensitivity of Technology                       its armed forces.                                     Agriculture (USDA). The EIS for CPRA’s
                                                  Contained in the Defense Article or                                                                           proposed MBSD project will inform a
                                                                                                             The proposed sale of this equipment
                                                  Defense Services Proposed to be Sold:                                                                         permit decision for a Department of
                                                                                                          and support will not alter the basic
                                                  None                                                                                                          Army (DA) permit pursuant to Section
                                                    (viii) Date Report Delivered to                       military balance in the region.
                                                                                                                                                                404 of the Clean Water Act (Section 404)
                                                  Congress: April 18, 2017                                   There are a number of contractors
                                                                                                                                                                and Section 10 of the Rivers and
                                                    * As defined in Section 47(6) of the                  involved in this effort, including but not
                                                                                                                                                                Harbors Act of 1899 (Section 10), and
                                                  Arms Export Control Act.                                limited to AM General, Oshkosh
                                                                                                                                                                permissions under Section 14 of the
                                                                                                          Defense, Navistar Defense, Harris Radio,              Rivers and Harbors Act of 1899 (Section
                                                  POLICY JUSTIFICATION                                    and Colt Corporation. There are no                    408). In addition to informing USACE–
                                                  Government of Iraq—Equipment for                        known offset agreements proposed in                   MVN’s decisions, the EIS will inform
                                                  Two Peshmerga Infantry Brigades and                     connection with this potential sale.                  decisions made by the Deepwater
                                                  Two Support Artillery Battalions                           Implementation of this proposed sale               Horizon Natural Resource Damage
                                                    The Government of Iraq has requested                  will not require the deployment of any                Assessment Louisiana Trustee
                                                  a possible sale of the equipment                        additional U.S. Government or                         Implementation Group (NRDA LA TIG)
                                                  necessary to fully outfit two full                      contractor personnel to Iraq.                         regarding restoration evaluation and
                                                  Peshmerga Regional Brigades of light                                                                          related funding decisions relevant to the
                                                                                                             There will be no adverse impact on
                                                  infantry, as well as the equipment                                                                            Deepwater Horizon natural resource
mstockstill on DSK30JT082PROD with NOTICES




                                                                                                          U.S. defense readiness as a result of this
                                                  necessary to outfit two artillery                                                                             damage settlement, any decision by the
                                                                                                          proposed sale.
                                                  battalions that will ultimately provide                                                                       National Oceanic and Atmospheric
                                                  support to those regional brigades.                     [FR Doc. 2017–08455 Filed 4–26–17; 8:45 am]           Administration’s National Marine
                                                  These artillery battalions and infantry                 BILLING CODE 5001–06–P                                Fisheries Service (NOAA NMFS) that
                                                  brigades will operate under the                                                                               may be required under the Marine
                                                  Kurdistan Regional Governments                                                                                Mammal Protection Act (MMPA), and
                                                  Ministry of Peshmerga (KRG MOP) with                                                                          any additional regulatory or permit


                                             VerDate Sep<11>2014   17:07 Apr 26, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                  19362                         Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices

                                                  processes that may be required for the                  associated with proposals, operation or               means. Project information will also be
                                                  MBSD Project, to the extent practicable.                construction of which use, alter or                   available on USACE–MVN’s Web site at:
                                                  USACE–MVN filed an original Notice of                   modify existing USACE–MVN projects                    http://www.mvn.usace.army.mil/
                                                  Intent (NOI) to prepare a DEIS for the                  based on whether the project would be                 Missions/Regulatory/Permits/Mid-
                                                  MBSD project which was published in                     injurious to the public interest and the              Barataria-Sediment-Diversion-EIS/. All
                                                  the Federal Register on October 4, 2013                 potential for the proposed project to                 individuals, organizations, NGOs,
                                                  (78 FR 61843). This Supplemental NOI                    impair existing or future Civil Works                 affected Indian tribes, and local, state,
                                                  serves to supplement the original NOI to                projects. If constructed as proposed, the             and Federal agencies that have an
                                                  update the MBSD project details,                        MBSD footprint would directly impact                  interest are urged to participate in the
                                                  contact information for the proposed                    52.3 acres of jurisdictional wetlands and             scoping process. Public scoping
                                                  MBSD project, scoping provisions, and                   4.5 acres of waters of the U.S. The                   meeting(s) will be held to present
                                                  other pertinent information.                            MBSD project footprint would also                     information to the public and to receive
                                                  FOR FURTHER INFORMATION CONTACT:                        impact and require the potential                      comments from the public. The date,
                                                  Questions concerning the DA permit                      relocation of numerous public utilities               time, and location of the scoping
                                                  process should be directed to Mr. Brad                  and facilities. In addition, the MBSD                 meeting(s) will be announced once
                                                  LaBorde at U.S. Army Corps of                           project would directly and/or indirectly              determined on the USACE–MVN public
                                                  Engineers, New Orleans District, Attn:                  impact multiple USACE–MVN projects,                   notice Web page (http://
                                                  CEMVN–OD–SE, 7400 Leake Avenue,                         including but not limited to, projects                www.mvn.usace.army.mil/Missions/
                                                  New Orleans, LA 70118, by phone (504)                   within the Mississippi River &                        Regulatory/Public-Notices/) and in any
                                                  862–2225, or by email at CEMVN-                         Tributaries Program; the Mississippi                  other forms deemed appropriate.
                                                  Midbarataria@usace.army.mil.                            River (federal navigation) Ship Channel,              Comments will also be accepted via
                                                  Questions and comments concerning                       the Gulf to Baton Rouge, Louisiana                    email or postal mail; USACE–MVN will
                                                  the Section 408 permissions should be                   project; and the future New Orleans to                provide information to the public as to
                                                  directed to Mr. Brad Inman at U.S.                      Venice (NOV) Hurricane Protection                     where, when, and how to submit
                                                  Army Corps of Engineers, New Orleans                    Levee project.                                        comments. Scoping meetings may
                                                                                                            2. Alternatives. The EIS will address               happen in coordination with NOAA and
                                                  District, Attn: CEMVN–PM–P, 7400
                                                                                                          an array of alternatives based on the                 the NRDA LA TIG in order to present to
                                                  Leake Avenue, New Orleans, LA 70118,
                                                                                                          project purpose and need. USACE must                  the public, solicit comments and inform
                                                  by phone (504) 862–2124, or by email at
                                                                                                          identify the ‘‘overall’’ project purpose,             other required authorizations and
                                                  CEMVN-Midbarataria@usace.army.mil.
                                                                                                          evaluate practicable alternatives, and                collaborative restoration evaluation
                                                  SUPPLEMENTARY INFORMATION:                              determine whether the project is water
                                                     1. Proposed Action. CPRA describes                                                                         involving the proposed project.
                                                                                                          dependent. Some alternatives will be
                                                  the MBSD project as a large scale,                      considered from, but not limited to,                     4. Potentially Significant Issues. The
                                                  complex ecosystem restoration project.                  existing studies including the Coastal                EIS will analyze the potential impacts
                                                  When operated, a maximum nominal                        Wetlands Planning, Protection, and                    on the human and natural environment
                                                  design flow of 75,000 cubic feet per                    Restoration Act (CWPPRA) Program,                     resulting from the project. The scoping,
                                                  second of sediment-laden water would                    Louisiana Coastal Area (LCA) Ecosystem                public involvement, and interagency
                                                  be diverted from the Mississippi River                  Restoration Study, LCA Medium                         coordination processes will help
                                                  into the Barataria Basin to reconnect                   Diversion at Myrtle Grove with                        identify and define the range of
                                                  and re-establish the natural or deltaic                 Dedicated Dredging Feasibility Study,                 potential significant issues that will be
                                                  sediment deposition process between                     the State and non-governmental                        considered. Important resources and
                                                  the Mississippi River and the Barataria                 organizations (NGOs) Myrtle Grove                     issues evaluated in the EIS could
                                                  Basin by delivering sediment,                           Delta Building Diversion Modeling                     include, but are not limited to, the
                                                  freshwater, and nutrients to reduce land                Effort in Support of LCA Medium                       direct, indirect, and cumulative effects
                                                  loss and maintain and sustain wetlands.                 Diversion at Myrtle Grove with                        on tidal wetlands and other waters of
                                                  The sediment diversion would be                         Dedicated Dredging, the 2012 Louisiana                the U.S.; aquatic resources; commercial
                                                  approximately 1 to 2 miles long and                     Coastal Master Plan (LCMP), and the                   and recreational fisheries; wildlife
                                                  primary features would include a gated                  2017 LCMP. The LA TIG may develop                     resources; essential fish habitat; water
                                                  diversion structure, a conveyance                       alternatives based on considerations                  quality; cultural resources; geology and
                                                  channel, and a potential back structure                 under the Oil Pollution Act (OPA)                     soils including agricultural land and
                                                  (for flood protection). The secondary                   NRDA restoration planning process and                 prime and unique farmland; hydrology
                                                  features of the diversion would include                 associated decision-making.                           and hydraulics; air quality; marine
                                                  a pump station or other mean of forced                  Alternatives for purposes of any                      mammals; threatened and endangered
                                                  drainage, bridge or culvert crossing at                 additional regulatory or permitting                   species and their critical habitat; net
                                                  Louisiana Highway 23, concrete side                     processes also would be developed and                 impacts on ecosystem services;
                                                  walls, earthen guide levees, scour                      evaluated to the extent practical. Other              navigation and navigable waters;
                                                  protection and erosion control, and                     alternatives may be developed through                 induced flooding; employment; land
                                                  culverted road crossings. Under Section                 the NEPA scoping process.                             use; property values; tax revenues;
                                                  10 and Section 404, the District                           3. Scoping. Scoping is the NEPA                    population and housing; community
                                                  Engineer will render a permit decision                  process utilized for seeking public                   and regional growth; environmental
                                                  for the discharge of dredged and/or fill                involvement in determining the range of               justice; community cohesion; public
                                                  material into the waters of the U.S., as                alternatives and significant issues to be             services; recreation; transportation and
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                                                  well as work, to include the installation               addressed in the EIS USACE–MVN                        traffic; utilities and community service
                                                  and maintenance of structures, in                       invites full public participation to                  systems; and cumulative effects of
                                                  navigable waters of the U.S., based on                  promote open communication on the                     related projects in the study area.
                                                  the public interest review and Section                  issues surrounding the proposed action.               USACE–MVN will also consider issues
                                                  404(b)(1) Clean Water Act guidelines.                   The public will be involved in the                    identified and comments made
                                                  Under 33 U.S.C. 408, the Chief of                       scoping and evaluation process through                throughout scoping, public
                                                  Engineers reviews the potential impacts                 advertisements, notices, and other                    involvement, and interagency


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                                                                                Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices                                             19363

                                                  coordination. USACE–MVN expects to                      in Barataria Basin, such as the MBSD, in              public and Federal agencies with an
                                                  better define the issues of concern and                 a future Restoration Plan under OPA. To               opportunity to comment on proposed,
                                                  the methods that will be used to                        facilitate the potential consideration of             revised, and continuing collections of
                                                  evaluate those issues through the                       the MBSD under OPA, it is the intent of               information. This helps the Department
                                                  scoping process.                                        the NRDA LA TIG Trustees to assist the                assess the impact of its information
                                                    5. Environmental Consultation and                     USACE in the preparation of the EIS for               collection requirements and minimize
                                                  Review. USACE–MVN anticipates                           the Mid-Barataria Sediment Diversion.                 the public’s reporting burden. It also
                                                  developing an EIS that meets NEPA                                                                             helps the public understand the
                                                  requirements of several federal agencies                Brenda S. Bowen,
                                                                                                                                                                Department’s information collection
                                                  evaluating whether to authorize and/or                  Army Federal Register Liaison Officer.                requirements and provide the requested
                                                  fund the proposed project. At this time                 [FR Doc. 2017–08413 Filed 4–26–17; 8:45 am]           data in the desired format. ED is
                                                  the cooperating agencies includes: EPA,                 BILLING CODE 3720–58–P                                soliciting comments on the proposed
                                                  DOI, NOAA, NMFS, USFWS, and                                                                                   information collection request (ICR) that
                                                  USDA. Other federal interests in the                                                                          is described below. The Department of
                                                  development of the EIS include those                    DEPARTMENT OF EDUCATION                               Education is especially interested in
                                                  related to NMFS’s obligations under the                                                                       public comment addressing the
                                                                                                          [Docket No.: ED–2017–ICCD–0054]
                                                  MMPA and the NRDA LA TIG Federal                                                                              following issues: (1) Is this collection
                                                  trustees’ obligations under OPA NRDA                    Agency Information Collection                         necessary to the proper functions of the
                                                  regulations, Final Programmatic Damage                  Activities; Submission to the Office of               Department; (2) will this information be
                                                  Assessment and Restoration Plan and                     Management and Budget for Review                      processed and used in a timely manner;
                                                  Final Programmatic Environmental                        and Approval; Comment Request;                        (3) is the estimate of burden accurate;
                                                  Impact Statement, and the Consent                       Consolidated State Plan Assurances                    (4) how might the Department enhance
                                                  Decree entered into in In re: Oil Spill by              Template                                              the quality, utility, and clarity of the
                                                  the Oil Rig ‘‘Deepwater Horizon’’ In the                                                                      information to be collected; and (5) how
                                                  Gulf of Mexico. In addition to the                      AGENCY: Office of Elementary and                      might the Department minimize the
                                                  federal interests noted above for general               Secondary Education (OESE),                           burden of this collection on the
                                                  development of the EIS, USFWS will                      Department of Education (ED).                         respondents, including through the use
                                                  assist in documenting existing                          ACTION: Notice.                                       of information technology.
                                                  conditions and assessing effects of
                                                  project alternatives through the Fish and               SUMMARY:    In accordance with the                      Note: OESE requests public comment on a
                                                                                                          Paperwork Reduction Act of 1995, ED is                non-substantive change to an existing
                                                  Wildlife Coordination Act consultation
                                                                                                          proposing a non-substantive change to                 collection approved under 1810–0576
                                                  procedures. Consultation will be                                                                              currently running a separate comment period
                                                  accomplished with USFWS and NMFS                        an existing collection.
                                                                                                                                                                under ED–2017–ICCD–0021. OESE is seeking
                                                  concerning threatened and endangered                    DATES: Interested persons are invited to              OMB approval to use these non-substantive
                                                  species and their critical habitat per the              submit comments on or before May 5,                   changes to the assurances data collection
                                                  Endangered Species Act. NMFS will be                    2017.                                                 instrument by May 17, 2017. You may
                                                  consulted regarding the effects of this                 ADDRESSES: To access and review all the
                                                                                                                                                                provide comments to the assurances template
                                                  proposed action on Essential Fish                                                                             under 1810–0576 ED–2017–ICCD–0054 by
                                                                                                          documents related to the information                  May 5, 2017. Please note that written
                                                  Habitat per the Magnuson-Stevens                        collection listed in this notice, please
                                                  Fisheries Conservation and Management                                                                         comments received in response to this notice
                                                                                                          use http://www.regulations.gov by                     will be considered public records.
                                                  Act. USACE–MVN anticipates CPRA                         searching the Docket ID number ED–
                                                  will submit an application for an                                                                                Title of Collection: Consolidated State
                                                                                                          2017–ICCD–0054. Comments submitted
                                                  incidental take authorization to NMFS                                                                         Plan Assurances Template.
                                                                                                          in response to this notice should be
                                                  in accordance with the MMPA.                                                                                     OMB Control Number: 1810–0576.
                                                                                                          submitted electronically through the                     Type of Review: Non-substantive
                                                    Questions regarding consultation or
                                                                                                          Federal eRulemaking Portal at http://                 change to an existing collection.
                                                  compliance requirements described
                                                                                                          www.regulations.gov by selecting the                     Respondents/Affected Public: State,
                                                  herein, will be directed to the
                                                                                                          Docket ID number or via postal mail,                  Local and Tribal Governments.
                                                  appropriate jurisdictional agency.
                                                    6. The USACE–MVN will consult                         commercial delivery, or hand delivery.                   Total Estimated Number of Annual
                                                  with the Louisiana State Historic                       Please note that comments submitted by                Responses: 52.
                                                  Preservation Officer (SHPO) and the                     fax or email and those submitted after                   Total Estimated Number of Annual
                                                  appropriate Tribal Historic Preservation                the comment period will not be                        Burden Hours: 108,155.
                                                  Officers (THPO), per the National                       accepted. Written requests for                           Abstract: On March 9, 2017, pursuant
                                                  Historic Preservation Act.                              information or comments submitted by                  to the Congressional Review Act (CRA)
                                                    7. Availability. The DEIS is presently                postal mail or delivery should be                     (5 U.S.C. 801–808), Congress approved
                                                  scheduled to be available for public                    addressed to the Director of the                      a joint resolution disapproving the U.S.
                                                  review and comment by April 30, 2020.                   Information Collection Clearance                      Department of Education’s
                                                  All comments received throughout the                    Division, U.S. Department of Education,               (Department’s) regulations related to
                                                  review process will become part of the                  400 Maryland Avenue SW., LBJ, Room                    State plans, including consolidated
                                                  administrative record for the proposed                  226–62, Washington, DC 20202–4537.                    State plans, statewide accountability
                                                  MBSD project and subject to public                      FOR FURTHER INFORMATION CONTACT: For                  systems, and data reporting. The
                                                  release.                                                specific questions related to collection              President signed the Congressional
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                                                    8. NRDA LA TIG NOI: The Deepwater                     activities, please contact Melissa Siry,              resolution on March 27, 2017, which
                                                  Horizon NRDA LA TIG has published a                     (202)260–0926.                                        means that the regulations have no force
                                                  Notice of Initiation of Restoration                     SUPPLEMENTARY INFORMATION: The                        or effect. As a result, the Department
                                                  Planning that seeks to facilitate public                Department of Education (ED), in                      updated the assurances that each State
                                                  involvement and streamline future                       accordance with the Paperwork                         must submit in order to receive FY 2017
                                                  processes by specifically seeking public                Reduction Act of 1995 (PRA) (44 U.S.C.                funding to align only with the statutory
                                                  comment on a controlled river diversion                 3506(c)(2)(A)), provides the general                  assurances required in ESEA Section


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Document Created: 2017-04-27 01:39:57
Document Modified: 2017-04-27 01:39:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent.
ContactQuestions concerning the DA permit process should be directed to Mr. Brad LaBorde at U.S. Army Corps of Engineers, New Orleans District, Attn: CEMVN-OD-SE, 7400 Leake Avenue, New Orleans, LA 70118, by phone (504) 862-2225, or by email at CEMVN- [email protected] Questions and comments concerning the Section 408 permissions should be directed to Mr. Brad Inman at U.S. Army Corps of Engineers, New Orleans District, Attn: CEMVN-PM-P, 7400 Leake Avenue, New Orleans, LA 70118, by phone (504) 862-2124, or by email at [email protected]
FR Citation82 FR 19361 

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