Notice of Intent To Prepare a Draft Environmental Impact Statement for the Proposed Deschutes River Basin Habitat Conservation Plan in Oregon, 34326-34329 [2017-15479]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Notices]
[Pages 34326-34329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15479]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2017-N064; FXES11140100000-178-FF01E00000]


Notice of Intent To Prepare a Draft Environmental Impact 
Statement for the Proposed Deschutes River Basin Habitat Conservation 
Plan in Oregon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent; notice of public scoping meetings; request 
for comments.

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

SUMMARY: We, the U.S. Fish and Wildlife Service (Service), intend to 
prepare a draft environmental impact statement (EIS) in accordance with 
the requirements of the National Environmental Policy Act (NEPA) to 
evaluate the potential impacts on the human environment caused by 
alternatives to the Deschutes River Basin Habitat Conservation Plan 
(Deschutes River Basin HCP). The Deschutes River Basin HCP is being 
prepared in support of a request for an Endangered Species Act (ESA) 
incidental take permit (ITP) or ITPs authorizing incidental take of 
listed species caused by covered activities. The potential applicants 
for the ITP(s) include the City of Prineville, the Arnold Irrigation 
District, Central Oregon Irrigation District, North Unit Irrigation 
District, Ochoco Irrigation District, Swalley Irrigation District, 
Three Sisters Irrigation District, Tumalo Irrigation District, and the 
Lone Pine Irrigation District in Oregon. These eight irrigation 
districts comprise the Deschutes Basin Board of Control (DBBC). We are 
also announcing the initiation of a public scoping period to engage 
Federal, Tribal, State, and local governments and the public in the 
identification of issues and concerns, potential impacts, and possible 
alternatives to the proposed action for consideration in the draft EIS. 
The National Marine Fisheries Service (NMFS) is a cooperating agency in 
the draft EIS process.

DATES: The public scoping period begins with the publication of this 
notice in the Federal Register.To ensure consideration, please send 
your written comments postmarked no later than September 22, 2017. The 
Service will consider all comments on the scope of the draft EIS 
analysis that are received or postmarked by this date. Comments 
received or postmarked after this date will be considered to the extent 
practicable.
    Public meetings: The Service will conduct four public scoping 
meetings: Two in Madras, Oregon, and two in Bend, Oregon. The two 
Madras scoping meetings will be held on August 14, 2017, from 2 to 4 
p.m. and 6 to 8 p.m., respectively, and the two Bend scoping meetings 
will be held on August 15, 2017, from 2 to 4 p.m. and 6 to 8 p.m., 
respectively.

ADDRESSES: To request further information or submit written comments, 
please use one of the following methods and note that your information 
request or comment is in reference to the development of the Deschutes 
Basin HCP and the preparation of the associated draft EIS:
     U.S. mail: U.S. Fish and Wildlife Service, Bend Field 
Office, Attn: Peter Lickwar, 63095 Deschutes Market Road, Bend, Oregon 
97701-9857.
     In-person Drop-off, Viewing, or Pickup: Call (541) 383-
7146 to make an appointment during regular business hours to drop off 
comments or view received comments at the above location. Written 
comments will also be accepted at the public meetings.
     Email: peter_lickwar@fws.gov. Include ``Deschutes River 
Basin HCP-draft EIS'' in the subject line of the message.
     Fax: U.S. Fish and Wildlife Service at 541-383-7638; Attn: 
Peter Lickwar.
    We request that you send comments by only one of the methods 
described above. See the Public Availability of Comments section below 
for more information.
    Public meetings: The addresses of the scoping meetings are as 
follows:
    Madras, Oregon: Inn at Cross Keys Station, 66 NW Cedar St, Madras, 
OR 97741.
    Bend, Oregon: U.S. Forest Service Building, 63095 Deschutes Market 
Road, Bend, OR 97701.

FOR FURTHER INFORMATION CONTACT: Peter Lickwar, U.S. Fish and Wildlife 
Service, (see ADDRESSES above); email at peter_lickwar@fws.gov or 
telephone 541-383-7146. If you use a telecommunications device for the 
deaf, please call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: The Service intends to prepare a draft EIS 
in accordance with the requirements of NEPA to evaluate the potential 
impacts on the human environment caused by alternatives to the 
Deschutes River Basin HCP. The Deschutes River Basin HCP is being 
prepared in support of a request for an ESA ITP or ITPs authorizing 
incidental take of listed species caused by covered activities. The 
potential applicants for the ITP(s) include the City of Prineville, the 
Arnold Irrigation District, Central

[[Page 34327]]

Oregon Irrigation District, North Unit Irrigation District, Ochoco 
Irrigation District, Swalley Irrigation District, Three Sisters 
Irrigation District, Tumalo Irrigation District, and the Lone Pine 
Irrigation District in Oregon. These eight irrigation districts 
(Districts) comprise the DBBC.
    We are also announcing the initiation of a public scoping period to 
engage Federal, Tribal, State, and local governments and the public in 
the identification of issues and concerns, potential impacts, and 
possible alternatives to the proposed action for consideration in the 
draft EIS. The conservation measures in the Deschutes River Basin HCP 
would be designed to minimize and mitigate impacts caused by the take 
of covered listed species that may result from the storage, release, 
diversion and return of irrigation water by the Districts and the City 
of Prineville.
    This notice was prepared pursuant to pursuant to section 10(c) of 
the ESA (16 U.S.C. 1531 et seq.), and the requirements of NEPA (42 
U.S.C. 4321 et seq.), and its implementing regulations in the Code of 
Federal Regulations at 40 CFR 1506.6. The primary purpose of the 
scoping process is for the public and other agencies to assist in 
developing the draft EIS by identifying important issues and 
identifying alternatives that should be considered.
    The NMFS is a cooperating agency in the draft EIS process, and 
intends to adopt the draft EIS to address the impacts of issuing an ITP 
addressing listed species under its jurisdiction.

Background

    Section 9 of the ESA prohibits ``take'' of fish and wildlife 
species listed as endangered under section 4 (16 U.S.C. 1538 and 16 
U.S.C. 1533, respectively). The ESA implementing regulations extend, 
under certain circumstances, the prohibition of take to threatened 
species (50 CFR 17.31). Under section 3 of the ESA, the term ``take'' 
means to ``harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or attempt to engage in any such conduct'' (16 
U.S.C. 1532(19)). The term ``harm'' is defined by regulation as ``an 
act which actually kills or injures wildlife. Such acts may include 
significant habitat modification or degradation where it actually kills 
or injures wildlife by significantly impairing essential behavioral 
patterns, including breeding, feeding, or sheltering'' (50 CFR 17.3). 
The term ``harass'' is defined in the regulations as ``an intentional 
or negligent act or omission which creates the likelihood of injury to 
wildlife by annoying it to such an extent as to significantly disrupt 
normal behavioral patterns which include, but are not limited to, 
breeding, feeding, or sheltering'' (50 CFR 17.3).
    Under section 10(a) of the ESA, the Service may issue permits to 
authorize incidental take of listed fish and wildlife species. 
``Incidental take'' is defined by the ESA as take that is incidental 
to, and not the purpose of, carrying out an otherwise lawful activity. 
Section 10(a)(1)(B) of the ESA contains provisions for issuing ITPs to 
non-Federal entities for the take of endangered and threatened species, 
provided the following criteria are met:
     The taking will be incidental;
     The applicant will, to the maximum extent practicable, 
minimize and mitigate the impact of such taking;
     The applicant will develop a proposed HCP and ensure that 
adequate funding for the plan will be provided;
     The taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and
     The applicant will carry out any other measures that the 
Service may require as being necessary or appropriate for the purposes 
of the HCP.
    Regulations governing permits for endangered and threatened species 
are at 50 CFR 17.22 and 17.32.

Plan Area

    The Plan Area for the Deschutes River Basin HCP covers 
approximately 10,700 square miles of land in central Oregon. Bounded by 
the Cascades Mountains on the west, the Ochoco Mountains on the east, 
and the Columbia River to the north, the Deschutes River Basin includes 
six major tributaries above Lake Billy Chinook. Tributaries to the 
Deschutes River above the lake include the Crooked River, Metolius 
River, Little Deschutes River, Crescent Creek, Tumalo Creek, and 
Whychus Creek. Major tributaries of the lower Deschutes River include 
Shitike Creek, Trout Creek, Warm Springs River, and the White River. 
The first water diversions in the Deschutes River Basin started in the 
late 1860s, however, irrigation districts did not start to form until 
circa 1900.
    The eight irrigation districts (Districts) are quasi-municipal 
corporations formed and operated under Oregon State law to distribute 
water to irrigators within designated district boundaries. The 
Districts span Crook, Deschutes, Jefferson, Klamath, and Wasco counties 
in Oregon. The Districts lie along and utilize the waters of the 
Deschutes River and its tributaries, including the Little Deschutes 
River, Crescent Creek, Crooked River, Ochoco Creek, Tumalo Creek, 
Whychus Creek, and a number of smaller tributaries within the greater 
Deschutes River Basin. The City of Prineville (City), located in Crook 
County, is a municipality of about 7,350 residents. The City lies at 
the confluence of the Crooked River and Ochoco Creek, and has an 
economy based on agriculture and light industry.
    The goals of the proposed Deschutes River Basin HCP are to avoid 
and minimize incidental take of the covered species associated with the 
Districts' and the City's activities, and to mitigate the impacts of 
unavoidable take, primarily by modifying irrigation water storage, 
release, and diversion operations in the Deschutes River Basin, 
including the mainstem Deschutes River and its tributaries. The 
Deschutes River Basin HCP would provide a district-wide permitting 
approach for the Districts and the City. The proposed term for the 
Deschutes River Basin HCP and ITP(s) is from 20 to 40 years.

Covered Activities

    The Districts and the City are seeking incidental take 
authorization under the ESA for activities that they conduct, permit, 
or otherwise authorize. The proposed covered activities may include, 
but are not limited to: Operation and maintenance of storage dams and 
reservoirs; operation and maintenance of diversions, pumps, and 
intakes; operation and maintenance of water conveyance and delivery 
systems; diversion of water; return flow; and conservation measures and 
associated construction activities.

Covered Species

    Covered species under the proposed Deschutes River Basin HCP 
include threatened and endangered species listed under the ESA, and 
currently unlisted species that have the potential to become listed 
during the life of the HCP. The Districts and the City are proposing to 
seek incidental take coverage for three federally listed species, and 
two non-listed species. The Deschutes River Basin HCP would provide 
long-term conservation and management of these species, which are 
discussed in more detail in the following paragraphs.
    The Oregon spotted frog (Rana pretiosa) is a native aquatic species 
endemic to the Pacific Northwest. It was federally listed as threatened 
under the ESA on September 29, 2014 (79 FR 51658).
    The bull trout (Salvelinus confluentus) is a member of the genus 
Char, and is native to Oregon. The bull trout has specific habitat 
requirements that influence its abundance and

[[Page 34328]]

distribution. The bull trout is seldom found in waters where 
temperatures exceed 59 to 64 degrees Fahrenheit. The final listing 
determination of threatened status for the bull trout in the 
coterminous United States was made on November 1, 1999 (64 FR 58910).
    The steelhead (Oncorhynchus mykiss) in the Deschutes River Basin is 
part of the Middle Columbia River Distinct Population Segment that was 
listed by NMFS as threatened, effective on February 6, 2006 (71 FR 
834). However, on January 15, 2013, NMFS issued a final rule that 
designated the steelhead upstream of the Pelton Round Butte 
Hydroelectric Project on the Deschutes River as a nonessential 
experimental population (78 FR 2893). This designation has an 
expiration date of 12 years from the effective date of the rule. Unlike 
other anadromous members of the family Salmonidae, steelhead do not 
necessarily die after spawning and sometimes spawn more than once.
    The Districts and the City also propose to cover the following non-
listed species under NMFS jurisdiction under the Deschutes River Basin 
HCP: The sockeye salmon (Oncorhynchus nerka), and the Middle Columbia 
River spring-run Chinook salmon (Oncorhynchus tshawytscha).

Draft Environmental Impact Statement

    For purposes of NEPA compliance, preparation of an EIS is required 
for actions that are expected or have the potential to significantly 
impact the human environment (40 CFR 1500-1508).
    To determine whether a proposed Federal action would require the 
preparation of an EIS, the Service must consider two distinct factors: 
Context and intensity (40 CFR 1508.27, Service and National Marine 
Fisheries Service HCP Handbook 2016). Context refers to the geographic 
scale (local, regional, or national) of significance of short and/or 
long-term effects/impacts of a proposed action. Intensity refers to the 
severity of the effects/impacts relative to the affected settings, 
including the degree to which the proposed action affects: an 
endangered or threatened species or designated critical habitat; public 
health or safety; scientific, historic or cultural resources; or other 
aspects of the human environment.
    In determining whether the preparation of an EIS is warranted, we 
must also consider the ten components of intensity, as set forth under 
40 CFR 1508.27(b):
    1. Impacts that may be both beneficial and adverse. A significant 
impact may exist even if the Federal agency believes that on balance 
the effect will be beneficial.
    2. The degree to which the proposed action affects public health or 
safety.
    3. Unique characteristics of the geographic area such as proximity 
to historic or cultural resources, park lands, prime farmlands, 
wetlands, wild and scenic rivers, or ecologically critical areas.
    4. The degree to which the effects on the quality of the human 
environment are likely to be highly controversial.
    5. The degree to which the potential impacts are highly uncertain 
or involve unique or unknown risks.
    6. The degree to which the action may establish a precedent for 
future actions with significant effects or represents a decision in 
principle about a future consideration.
    7. Whether the action is related to other actions with individually 
insignificant but cumulatively significant impacts.
    8. The degree to which the action may adversely affect districts, 
sites, highways, structures, or objects listed in or eligible for 
listing in the National Register of Historic Places or may cause loss 
or destruction of significant scientific, cultural, or historical 
resources.
    9. The degree to which the action may adversely affect an 
endangered or threatened species or its habitat that has been 
determined to be critical under the ESA.
    10. Whether the action threatens a violation of Federal, state, or 
local law or requirements imposed for the protection of the 
environment.
    In this case, and after considering the above factors, the Service 
has determined that the Deschutes River Basin HCP-ITP action has the 
potential to significantly impact the human environment for the 
following reasons:
    The Deschutes River Basin encompasses 10,500 square miles in 
Central Oregon and the Deschutes River is a major tributary to the 
Columbia River. On that basis, the covered area is of local, regional, 
and national significance.
    The Applicants store, manage, and release water from the Deschutes 
River and its reservoirs for irrigation and municipal purposes. 
Hundreds of miles of irrigation conveyance systems are managed by the 
Applicants. Under the Deschutes River Basin HCP, modernization of these 
conveyance systems, which is already underway, is a covered activity 
that is likely to result in water conservation for farmers and listed 
species, and take decades to complete. Some portions of the conveyance 
systems have been listed on the National Historic Register, and will 
require additional analysis under NEPA. The covered activities may 
affect four ESA-listed species (the Oregon spotted frog, steelhead, 
spring chinook and the bull trout) and their critical habitat that by 
virtue of their listings and designations are of local, regional, and 
national significance. Given the geographic scale of the HCP and the 
nature and scope of the covered activities and species, the context and 
intensity of potential adverse and beneficial impacts of implementing 
the HCP on the human environment are likely to be of local, regional, 
and national significance.
    The Service performed internal NEPA scoping for the Deschutes River 
Basin HCP-ITP action in close coordination with NMFS as a cooperating 
agency. During that internal scoping process, Service and NMFS staff 
reviewed the proposed ITP action and the purpose and need for taking 
the action, and identified the environmental issues requiring detailed 
analysis as well as identified connected, similar, and cumulative 
actions. The internal scoping analysis concluded that the proposed ITP 
action:
     Involves instream flow and habitat restoration decisions 
that significantly affect biodiversity and ecosystem functions across a 
large geographic area;
     Involves management decisions that are significantly 
controversial;
     Has highly uncertain effects or involve unique or unknown 
risks to biological, physical or other factors;
     Establishes precedents for future actions with significant 
effects;
     Will contribute to other individually insignificant but 
cumulatively significant impacts;
     Will have positive effects on wetlands, rivers, and 
ecologically critical areas but may have adverse effects on historic 
resources (canals) and farmlands;
     May affect some areas covered by the National Historic 
Preservation Act;
     Will adversely affect endangered or threatened species, 
their critical habitat, or other non-target species; and
     Will have social or economic impacts interrelated with 
significant natural or physical environmental effects.
    The Service also determined with NMFS that the proposed Deschutes 
River Basin HCP-ITP action: Is of sufficient size and complexity to 
warrant an EIS; is similar to previous HCP's issued in the Pacific 
Northwest that likewise required the preparation of an EIS; and may 
have significant effects on the human environment. On that basis and in 
accordance with

[[Page 34329]]

regulations at 40 CFR 1501.4, 1507.3, and 1508.27, the Service believes 
preparation of an EIS is warranted. As such, we do not intend to 
prepare an environmental assessment for this action.
    Therefore, before deciding whether to issue an ITP(s) for the 
Deschutes River Basin HCP, we will prepare a draft EIS to analyze the 
environmental impacts associated with this action. As noted above, NMFS 
is a cooperating agency in the draft EIS process, and intends to adopt 
the draft EIS to address the impacts on the human environment of 
issuing an ITP(s) addressing listed species under its jurisdiction.
    Under NEPA, a reasonable range of alternatives to a proposed 
project is developed and considered in the Service's environmental 
review document. In the draft EIS, the Service will consider the 
following alternatives: (1) No action (no ITP issuance); (2) the 
proposed action, which includes the issuance of take authorizations as 
described in the proposed Deschutes River Basin HCP; and (3) a range of 
additional reasonable alternatives. Alternatives considered for 
analysis in a draft EIS for an HCP may include: Variations in the 
permit term or permit structure; the level of take allowed; the level, 
location, or type of minimization, mitigation, or monitoring provided 
under the HCP; the scope of covered activities; the list of covered 
species; or a combination of these factors.
    The draft EIS will identify and analyze the potential direct, 
indirect, and cumulative impacts of Service authorization of incidental 
take under permit issuance and of implementing the proposed Deschutes 
River Basin HCP on biological resources, land uses, utilities, air 
quality, water resources, cultural resources, socioeconomics and 
environmental justice, recreation, aesthetics, and other environmental 
issues that could occur with implementation of each alternative. The 
Service will also identify measures, consistent with NEPA and other 
relevant considerations of national policy, to avoid or minimize any 
significant impacts of the proposed action on the quality of the human 
environment. Following completion of the draft EIS, the Service will 
publish a notice of availability and a request for comment on the draft 
EIS and the applicants' permit application(s), which will include a 
draft of the proposed Deschutes River Basin HCP.

Public Scoping

    The primary purpose of the scoping process is for the public to 
assist the Service, Districts, and the City in developing a draft EIS 
by identifying important issues and alternatives related to the 
applicants' proposed action. The scoping meetings will include 
presentations by the Service, Districts, and the City followed by 
informal questions and discussions. The Service welcomes written 
comments from all interested parties in order to ensure we identify a 
full range of issues and alternatives related to the proposed permit 
request. The Service requests that comments be specific. In particular, 
we seek comments on the following:
    1. Management issues and goals to be considered in the development 
of the HCP;
    2. Existing environmental conditions in the Districts and the City;
    3. Other plans or projects that might be relevant to this proposed 
project;
    4. Permit duration;
    5. Areas and specific landforms that should or should not be 
covered;
    6. Biological information concerning species in the proposed plan 
area;
    7. Relevant data concerning these species;
    8. Additional information concerning the range, distribution, 
population size, and population trends of the covered species;
    9. Current or planned activities in the Plan Area and their 
possible impacts on the covered species;
    10. Species that should or should not be covered;
    11. Covered activities including potential avoidance, minimization, 
and mitigation measures;
    12. Monitoring and adaptive management provisions;
    13. Funding suggestions; and
    14. Alternatives for analysis.
    We will accept written comments at the public meetings. You may 
also submit written comments to the Service at our U.S. mail address, 
by email, or by fax (see ADDRESSES above). Once the draft EIS and draft 
HCP are prepared, there will be further opportunity for public comment 
on the content of these documents through an additional 90-day public 
comment period.

Public Availability of Comments

    Comments and materials we receive, as well as supporting 
documentation we use in preparing the draft EIS, will become part of 
the public record and will be available for public inspection by 
appointment, during regular business hours, at the Service's Bend Field 
Office (see FOR FURTHER INFORMATION CONTACT section). Before including 
your address, phone number, email address, or other personal 
identifying information in your comment(s), you should be aware that 
your entire comment(s)--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment(s) to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

Reasonable Accommodation

    Persons needing reasonable accommodations to attend and participate 
in the public meeting should contact Peter Lickwar (see FOR FURTHER 
INFORMATION CONTACT). To allow sufficient time to process requests, 
please call no later than August 1, 2017. Information regarding the 
applicants' proposed action is available in alternative formats upon 
request.

Authority

    The environmental review of this project will be conducted in 
accordance with the requirements of the NEPA of 1969 as amended (42 
U.S.C. 4321 et seq.), Council on Environmental Quality Regulations (40 
CFR parts 1500-1508), other applicable Federal laws and regulations, 
and applicable policies and procedures of the Service. This notice is 
furnished in accordance with 40 CFR 1501.7 of the NEPA regulations to 
obtain suggestions and information from other agencies and the public 
on the scope of issues and alternatives to be addressed in the draft 
EIS.

Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife 
Service, Portland, Oregon.
[FR Doc. 2017-15479 Filed 7-21-17; 8:45 am]
BILLING CODE 4333-15-P