82 FR 61789 - Notice of Intent To Prepare a Draft Environmental Impact Statement, Revisions to the Coordinated Long-Term Operation of the Central Valley Project and State Water Project, and Related Facilities

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation

Federal Register Volume 82, Issue 249 (December 29, 2017)

The Bureau of Reclamation (Reclamation) intends to prepare a programmatic environmental impact statement (EIS) for analyzing potential modifications to the continued long-term operation of the federal Central Valley Project (CVP), for its authorized purposes, in a coordinated manner with the State Water Project (SWP), for its authorized purposes. Reclamation proposes to evaluate alternatives that maximize water deliveries and optimize marketable power generation consistent with applicable laws, contractual obligations, and agreements; and to augment operational flexibility by addressing the status of listed species. Reclamation is seeking suggestions and information on the alternatives and topics to be addressed and any other important issues related to the proposed action.

[Federal Register Volume 82, Number 249 (Friday, December 29, 2017)]
[Notices]
[Pages 61789-61791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-28215]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR02800000, 18XR0680A1, RX.17868949.0000000]


Notice of Intent To Prepare a Draft Environmental Impact 
Statement, Revisions to the Coordinated Long-Term Operation of the 
Central Valley Project and State Water Project, and Related Facilities

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent; request for comments.

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SUMMARY: The Bureau of Reclamation (Reclamation) intends to prepare a 
programmatic environmental impact statement (EIS) for analyzing 
potential modifications to the continued long-term operation of the 
federal Central Valley Project (CVP), for its authorized purposes, in a 
coordinated manner with the State Water Project (SWP), for its 
authorized purposes. Reclamation proposes to evaluate alternatives that 
maximize water deliveries and optimize marketable power generation 
consistent with applicable laws, contractual obligations, and 
agreements; and to augment operational flexibility by addressing the 
status of listed species. Reclamation is seeking suggestions and 
information on the alternatives and topics to be addressed and any 
other important issues related to the proposed action.

DATES: Submit written comments on the scope of the EIS by February 1, 
2018.

ADDRESSES: Send written comments to Katrina Harrison, Project Manager, 
Bureau of Reclamation, Bay-Delta Office, 801 I Street, Suite 140, 
Sacramento, CA 95814-2536; fax to (916) 414-2425; or email at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Katrina Harrison at (916) 414-2425; or 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Agencies Involved

    Reclamation will request the following agencies participate as 
cooperating agencies for preparation of the EIS in accordance with the 
National Environmental Policy Act (NEPA), as amended: U.S. Fish and 
Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), 
U.S. Army Corps of Engineers; Western Area Power Administration, and 
U.S. Environmental Protection Agency.
    Reclamation has also identified Indian tribes and other Federal, 
State,

[[Page 61790]]

and local agencies (e.g., public water agencies, power marketing 
agencies, power customers, etc.) as potential cooperating agencies, and 
Reclamation will invite them to participate as cooperating agencies.

II. Why We Are Taking This Action

    The CVP is a major water source for agricultural, municipal and 
industrial (M&I), and fish and wildlife demands in California. State 
and Federal regulatory actions, federal trust responsibilities, and 
other agreements, have significantly reduced the water available for 
delivery south of the Sacramento-San Joaquin River Delta, in order, 
among other things, to protect water quality within the delta and 
prevent jeopardy and adverse modification of critical habitat of 
threatened and endangered species. This project will evaluate 
alternatives to restore, at least in part, water supply, in 
consideration of all of the authorized purposes of the CVP.
    In this programmatic EIS, Reclamation will analyze potential 
modifications to the continued long-term operation of the CVP (proposed 
action), in a coordinated manner with the SWP, to achieve the 
following:
     Maximize water supply delivery, consistent with applicable 
law, contracts and agreements, considering new and/or modified storage 
and export facilities.
     Review and consider modifications to regulatory 
requirements, including existing Reasonable and Prudent Alternative 
actions identified in the Biological Opinions issued by the USFWS and 
NMFS in 2008 and 2009, respectively.
     Evaluate stressors on fish other than CVP and SWP 
operations, beneficial non-flow measures to decrease stressors, and 
habitat restoration and other beneficial measures for improving 
targeted fish populations.
     Evaluate potential changes in laws, regulations and 
infrastructure that may benefit power marketability.
    Reclamation has decided to prepare an EIS. As an example for why 
NEPA is required related to CVP operation, in 2014, the Ninth Circuit 
Court of Appeals determined that the current, coordinated operation of 
the CVP and SWP under biological opinions issued by the USFWS and NMFS 
in 2008 and 2009, respectively, was a major Federal action that 
affected the quality of the human environment that required the 
preparation of an EIS. San Luis & Delta-Mendota Water Authority 
(SLDMWA) v. Jewell, 747 F.3d 581 (9th Cir. 2014); SLDMWA v. Locke, 776 
F.3d 971 (9th Cir. 2014). This EIS is expected to be primarily 
programmatic in nature. It is anticipated that this current 
programmatic effort will be followed by tiered project-level NEPA 
analyses to implement various site specific projects or detailed 
programs that were generally described in the programmatic EIS.

III. Purpose and Need for Action

    The need for the action is to increase operational flexibility, as 
further described in Section II above. The purpose of the action 
considered in this EIS is to continue the operation of the CVP in a 
coordinated manner with the SWP, for its authorized purposes, in a 
manner that enables Reclamation and California Department of Water 
Resources to maximize water deliveries and optimize marketable power 
generation consistent with applicable laws, contractual obligations, 
and agreements; and to augment operational flexibility by addressing 
the status of listed species.

IV. Project Area (Area of Analysis)

    The project area includes the existing CVP and SWP Service Areas, 
proposed CVP Service Areas, and storage and export facilities 
(including potential modifications), within the Sacramento and San 
Joaquin watersheds (including external watersheds connected through 
facilities). The project area also includes potential improvements and 
developments of other water supply or power generation programs.
    The CVP is Reclamation's largest federal reclamation project. 
Reclamation operates the CVP in coordination with the SWP, under the 
Coordinated Operation Agreement between the federal government and the 
State of California (authorized by Pub. L. 99-546). The CVP and SWP 
operate pursuant to water rights permits and licenses issued by the 
State Water Resources Control Board. The CVP and SWP water rights allow 
appropriation of water by directly using and/or diverting water to 
storage for later withdrawal and use, or use and re-diversion to 
storage further downstream for later consumptive use. Among the 
conditions of their water rights, are requirements of the projects to 
either bypass or withdraw water from storage and to help satisfy 
specific water quality, quantity and operations criteria in source 
rivers and within the Delta. The CVP and SWP are currently operated in 
accordance with the 2008 USFWS Biological Opinion and the 2009 NMFS 
Biological Opinion, both of which concluded that the coordinated long-
term operation of the CVP and SWP, as proposed in Reclamation's 2008 
Biological Assessment, was likely to jeopardize the continued existence 
of listed species and destroy or adversely modify designated critical 
habitat. Both Biological Opinions included Reasonable and Prudent 
Alternatives designed to allow the CVP and SWP to continue operating 
without causing jeopardy to listed species or destruction or adverse 
modification to designated critical habitat. Reclamation accepted and 
then began Project operations consistent with the USFWS and NMFS 
Reasonable and Prudent Alternatives.

V. Alternatives To Be Considered

    As required by NEPA, the EIS will include and consider a proposed 
action and a reasonable range of alternatives, including a No Action 
Alternative. Reasonable alternatives to the proposed action may include 
a combination of:
     Operations in coordination with new or proposed facilities 
to increase water supply deliveries and marketable power generation:
    [cir] Actions that increase storage capacity upstream of the Delta 
for the CVP
    [cir] Actions that increase storage capacity south of the Delta
    [cir] Actions that increase export capabilities through the Delta
    [cir] Actions to generate additional water or that improve and 
optimize the utilization of water such as desalinization, water 
conservation, or water reuse
     Modified operations of the CVP and SWP with and without 
new or proposed facilities including possible requests to modify 
environmental and regulatory requirements, and sharing of water and 
responsibilities in the Delta
     Habitat restoration and ecosystem improvement projects 
intended to increase fish populations which would be factored into the 
regulatory process
     Modification to existing state and federal facilities to 
reduce impacts to listed species
    The Final EIS will identify an agency-preferred alternative.
    Alternatives could affect all or various facilities and/or 
operations of the CVP, and may also include actions that affect SWP and 
local project operations. Reclamation will engage with California 
Department of Water Resources and local stakeholders in developing the 
proposed action and reasonable alternatives. Reclamation will also 
consider reasonable alternatives identified through the scoping 
process.
    The proposed EIS will address operations of the CVP and SWP, 
operations in coordination with new or proposed projects, and habitat 
restoration in the Project area, designed to increase operational 
flexibility, increase water supply for CVP

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authorized purposes, and/or increase power marketability.

VI. Indian Trust Assets and Environmental Justice

    There are Indian Trust Asset issues and there may be environmental 
justice issues related to the Trinity River, as well as potential 
impacts within other areas.

VII. Statutory Authority

    NEPA [42 U.S.C. 4321 et seq.] requires that Federal agencies 
conduct an environmental analysis of their proposed actions to 
determine if the actions may significantly affect the human 
environment. As required by NEPA, Reclamation will develop an EIS which 
will analyze the potential direct, indirect, and cumulative 
environmental effects that may result from the implementation of the 
proposed action and alternatives.
    The Rivers and Harbors Act of August 26, 1937 (50 Stat. 844, as 
amended and supplemented) provides for operation of the CVP.

VIII. Request for Comments

    The purposes of this notice are:
     To advise other agencies, CVP and SWP water users and 
power customers, affected tribes, and the public of our intention to 
gather information to support the preparation of an EIS;
     To obtain suggestions and information from other agencies, 
interested parties, and the public on the scope of alternatives and 
issues to be addressed in the EIS; and
     To identify important issues raised by the public related 
to the development and implementation of the proposed action.
    Reclamation invites written comments from interested parties to 
ensure that the full range of alternatives and issues related to the 
development of the proposed action are identified. Comments during this 
stage of the scoping process will only be accepted in written form. 
Written comments may be submitted by mail, electronic mail, facsimile 
transmission or in person to the contact listed in the ADDRESSES 
section of this notice. Comments and participation in the scoping 
process are encouraged.

IX. Public Disclosure

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

X. How To Request Reasonable Accommodation

    If special assistance is required, please contact Katrina Harrison 
at the address provided above or TDD 916-978-5608. Information 
regarding this proposed action is available in alternative formats upon 
request.

    Dated: December 20, 2017.
David Murillo,
Regional Director, Mid-Pacific Region.
[FR Doc. 2017-28215 Filed 12-28-17; 8:45 am]
BILLING CODE 4332-90-P