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)
Bureau of Reclamation
Federal Register Volume 82, Issue 249 (December 29, 2017)
| Page Range | 61789-61791 | |
| FR Document | 2017-28215 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 61791]] 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
![Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices 61789
Cunningham Wash to the Graham Well, hazard, or endanger any person, DEPARTMENT OF THE INTERIOR
intersecting Butler Valley Road, then property, or feature. Vehicles parked in
north and west on the county- violation are subject to citation, Bureau of Reclamation
maintained road to the ‘‘Bouse Y’’ removal, and/or impoundment at the [RR02800000, 18XR0680A1,
intersection, 2 miles north of Bouse, owner’s expense. RX.17868949.0000000]
Arizona. The course proceeds north, 11. Failing to obey any person
paralleling the Bouse-Swansea Road to authorized to direct traffic or control Notice of Intent To Prepare a Draft
the Midway (Pit) intersection, then west access to event area including law Environmental Impact Statement,
along the North Boundary (power line) enforcement officers, BLM officials, and Revisions to the Coordinated Long-
Road of the East Cactus Plain designated race officials. Term Operation of the Central Valley
Wilderness Area to Parker-Swansea 12. Failing to observe spectator area Project and State Water Project, and
Road. The course turns west into quiet hours of 10 p.m. to 6 a.m. Related Facilities
Osborne Wash crossing the CAP Canal, 13. Failing to keep campsite or race
along the north boundary of the Cactus viewing site free of trash and litter. AGENCY: Bureau of Reclamation,
Plain Wilderness Study Area; it 14. Allowing any pet or other animal Interior.
continues west staying in Osborne Wash to be unrestrained. All pets must be ACTION: Notice of intent; request for
and crossing Shea Road along the restrained by a leash of not more than comments.
southern boundary of Gibraltar 6 feet in length.
SUMMARY: The Bureau of Reclamation
Wilderness, rejoining Osborne Wash at 15. Reserving sites within the
(Reclamation) intends to prepare a
the CRIT Reservation boundary. spectator area. Spectators are prohibited
Closure Restrictions: The following programmatic environmental impact
from denying other visitors or parties
acts are prohibited during the temporary statement (EIS) for analyzing potential
the use of unoccupied portions of the
land closures in order to provide for modifications to the continued long-
spectator area.
public and race participant safety: term operation of the federal Central
Exceptions to Closure: The
1. Being present on or driving on the Valley Project (CVP), for its authorized
restrictions do not apply to emergency
designated race course or the adjacent purposes, in a coordinated manner with
or law enforcement vehicles owned by
lands described above. All spectators the State Water Project (SWP), for its
the United States, the State of Arizona,
must stay within the designated authorized purposes. Reclamation
or La Paz County, and designated race
spectator areas. The spectator areas have proposes to evaluate alternatives that
officials, participants, pit crews, or
protective fencing and barriers. This maximize water deliveries and optimize
persons operating on their behalf. All
does not apply to race participants, race marketable power generation consistent
BITD registered media personnel are
officials, or emergency vehicles with applicable laws, contractual
permitted access to existing routes 50
authorized or operated by local, State, or obligations, and agreements; and to
feet from the race course per BITD
Federal government agencies. augment operational flexibility by
standards. Outside of the race corridor,
Emergency medical response shall only addressing the status of listed species.
other lands in the Field Office will
be conducted by personnel and vehicles Reclamation is seeking suggestions and
remain open and available for off-
operating under the guidance of the La information on the alternatives and
highway vehicle access and all other
Paz County Emergency Medical Services topics to be addressed and any other
recreation activities.
and Fire, the Arizona Department of important issues related to the proposed
Penalties: Any person who violates
Public Safety, or the BLM. action.
these temporary closures may be tried
2. Vehicle parking or stopping in before a United States Magistrate and DATES: Submit written comments on the
areas affected by the closures, except fined in accordance with 18 U.S.C. scope of the EIS by February 1, 2018.
where such is specifically allowed 3571, imprisoned no more than 12 ADDRESSES: Send written comments to
(designated spectator areas). months under 43 U.S.C. 1733(a) and 43 Katrina Harrison, Project Manager,
3. Camping in the closed area CFR 8360.0–7, or both. In accordance Bureau of Reclamation, Bay-Delta
described above, except in the with 43 CFR 8365.1–7, State or local Office, 801 I Street, Suite 140,
designated spectator areas. officials may also impose penalties for Sacramento, CA 95814–2536; fax to
4. Discharge of firearms. (916) 414–2425; or email at kharrison@
violations of Arizona law.
5. Possession or use of any fireworks. usbr.gov.
6. Cutting or collecting firewood of Effect of Closure: The entire area
any kind, including dead and down encompassed by the designated course FOR FURTHER INFORMATION CONTACT:
wood or other vegetative material. and all areas outside the course as Katrina Harrison at (916) 414–2425; or
7. Operating any off-road vehicle (as described above and in the time period email at kharrison@usbr.gov.
defined by 43 CFR 8340.0–7(a)). as described above are closed to all SUPPLEMENTARY INFORMATION:
8. Operating any vehicle in the area of vehicles. The authorized applicant or
their representatives are required to post I. Agencies Involved
the temporary closure or on roads
within the event area at a speed of more warning signs, control access to, and Reclamation will request the
than 35 miles per hour. This does not clearly mark the event route and areas, following agencies participate as
apply to registered race vehicles during common access roads, and road cooperating agencies for preparation of
the race, while on the designated race crossings during the closure period. the EIS in accordance with the National
course. Support vehicles under permit for Environmental Policy Act (NEPA), as
9. Failing to obey any official sign operation by event participants must amended: U.S. Fish and Wildlife
ethrower on DSK3G9T082PROD with NOTICES
posted by the BLM, La Paz County, or follow the race permit stipulations. Service (USFWS), National Marine
the race promoter. Authority: 43 CFR 8364.1. Fisheries Service (NMFS), U.S. Army
10. Parking any vehicle in violation of Corps of Engineers; Western Area Power
posted restrictions, or in such a manner Jason West, Administration, and U.S. Environmental
as to obstruct or impede normal or Field Manager. Protection Agency.
emergency traffic movement or the [FR Doc. 2017–28217 Filed 12–28–17; 8:45 am] Reclamation has also identified
parking of other vehicles, create a safety BILLING CODE 4310–32–P Indian tribes and other Federal, State,
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![Federal Register / Vol. 82, No. 249 / Friday, December 29, 2017 / Notices 61791
authorized purposes, and/or increase to withhold your personal identifying that information on this matter can be
power marketability. information from public review, we obtained by contacting the
cannot guarantee that we will be able to Commission’s TDD terminal on (202)
VI. Indian Trust Assets and
do so. 205–1810.
Environmental Justice
X. How To Request Reasonable SUPPLEMENTARY INFORMATION: The
There are Indian Trust Asset issues Commission has received a complaint
and there may be environmental justice Accommodation
and a submission pursuant to § 210.8(b)
issues related to the Trinity River, as If special assistance is required, of the Commission’s Rules of Practice
well as potential impacts within other please contact Katrina Harrison at the and Procedure filed on behalf of
areas. address provided above or TDD 916– Neptune Subsea LP Ltd.; Neptune
978–5608. Information regarding this Subsea Acquisitions Ltd.; and Xtera,
VII. Statutory Authority
proposed action is available in Inc. on December 22, 2017. The
NEPA [42 U.S.C. 4321 et seq.] requires alternative formats upon request. complaint alleges violations of section
that Federal agencies conduct an
Dated: December 20, 2017. 337 of the Tariff Act of 1930 (19 U.S.C.
environmental analysis of their
David Murillo, 1337) in the importation into the United
proposed actions to determine if the
Regional Director, Mid-Pacific Region. States, the sale for importation, and the
actions may significantly affect the
[FR Doc. 2017–28215 Filed 12–28–17; 8:45 am] sale within the United States after
human environment. As required by
importation of certain subsea
NEPA, Reclamation will develop an EIS BILLING CODE 4332–90–P
telecommunications systems and
which will analyze the potential direct,
components thereof. The complaint
indirect, and cumulative environmental
names as respondents Nokia
effects that may result from the INTERNATIONAL TRADE
Corporation, Finland; Nokia Solutions
implementation of the proposed action COMMISSION
and Networks B.V., the Netherlands;
and alternatives.
Notice of Receipt of Complaint; Nokia Solutions and Networks Oy,
The Rivers and Harbors Act of August
Solicitation of Comments Relating to Finland; Alcatel-Lucent Submarine
26, 1937 (50 Stat. 844, as amended and
the Public Interest Networks SAS, France; Nokia Solutions
supplemented) provides for operation of
and Networks US LLC, Phoenix, AZ;
the CVP. AGENCY: U.S. International Trade NEC Corporation, Japan; NEC Networks
VIII. Request for Comments Commission. & System Integration Corporation,
The purposes of this notice are: ACTION: Notice. Japan; and NEC Corporation of America,
• To advise other agencies, CVP and Irving, TX. The complainant requests
SUMMARY: Notice is hereby given that that the Commission issue a limited
SWP water users and power customers,
the U.S. International Trade exclusion order, cease and desist orders,
affected tribes, and the public of our
Commission has received a complaint and impose a bond upon respondents’
intention to gather information to
entitled Certain Subsea alleged infringing articles during the 60-
support the preparation of an EIS;
• To obtain suggestions and Telecommunications Systems and day Presidential review period pursuant
information from other agencies, Components Thereof, DN 3283; the to 19 U.S.C. 1337(j).
interested parties, and the public on the Commission is soliciting comments on Proposed respondents, other
scope of alternatives and issues to be any public interest issues raised by the interested parties, and members of the
addressed in the EIS; and complaint or complainant’s filing public are invited to file comments, not
• To identify important issues raised pursuant to the Commission’s Rules of to exceed five (5) pages in length,
by the public related to the development Practice and Procedure. inclusive of attachments, on any public
and implementation of the proposed FOR FURTHER INFORMATION CONTACT: Lisa interest issues raised by the complaint
action. R. Barton, Secretary to the Commission, or § 210.8(b) filing. Comments should
Reclamation invites written U.S. International Trade Commission, address whether issuance of the relief
comments from interested parties to 500 E Street SW, Washington, DC specifically requested by the
ensure that the full range of alternatives 20436, telephone (202) 205–2000. The complainant in this investigation would
and issues related to the development of public version of the complaint can be affect the public health and welfare in
the proposed action are identified. accessed on the Commission’s the United States, competitive
Comments during this stage of the Electronic Document Information conditions in the United States
scoping process will only be accepted in System (EDIS) at https://edis.usitc.gov, economy, the production of like or
written form. Written comments may be and will be available for inspection directly competitive articles in the
submitted by mail, electronic mail, during official business hours (8:45 a.m. United States, or United States
facsimile transmission or in person to to 5:15 p.m.) in the Office of the consumers.
the contact listed in the ADDRESSES Secretary, U.S. International Trade In particular, the Commission is
section of this notice. Comments and Commission, 500 E Street SW, interested in comments that:
participation in the scoping process are Washington, DC 20436, telephone (202) (i) Explain how the articles
encouraged. 205–2000. potentially subject to the requested
General information concerning the remedial orders are used in the United
IX. Public Disclosure Commission may also be obtained by States;
Before including your address, phone accessing its internet server at United (ii) identify any public health, safety,
ethrower on DSK3G9T082PROD with NOTICES
number, email address or other personal States International Trade Commission or welfare concerns in the United States
identifying information in your (USITC) at https://www.usitc.gov. The relating to the requested remedial
comment, you should be aware that public record for this investigation may orders;
your entire comment—including your be viewed on the Commission’s (iii) identify like or directly
personal identifying information—may Electronic Document Information competitive articles that complainant,
be made publicly available at any time. System (EDIS) at https://edis.usitc.gov. its licensees, or third parties make in the
While you can ask us in your comment Hearing-impaired persons are advised United States which could replace the
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Document Created: 2018-01-03 13:16:52
Document Modified: 2018-01-03 13:16:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of intent; request for comments. | |
| Dates | Submit written comments on the scope of the EIS by February 1, 2018. | |
| Contact | Katrina Harrison at (916) 414-2425; or email at [email protected] | |
| FR Citation | 82 FR 61789 |
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