BLM Director's Response to the Idaho Governor's Appeal of the BLM Idaho State Director's Governor's Consistency Review Determination, 68466-68467 [2013-27262]
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Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Notices
review under the National
Environmental Policy Act (NEPA). To
comply with the NEPA, the Service
prepared an FEIS which analyzed
potential impacts that could result from
issuance of an ITP to NiSource and the
subsequent implementation of their
MSHCP. The ROD that is made available
at this time announces the Service’s
decision to issue the ITP and is the final
decision under the NEPA.
TKELleY on DSK3SPTVN1PROD with NOTICES
Public Involvement
On October 11, 2007, the Service
published a Notice of Intent (NOI) to
prepare an EIS in the Federal Register
(72 FR 57953), to solicit participation of
Federal, State, and local agencies,
Tribes, and the public to determine the
scope of the EIS and provide input
relative to issues associated with the
proposed MSHCP project. In addition to
the publication of the NOI, the scoping
process included informal stakeholder
and agency consultations, 13 public
scoping meetings, and a mailing to
approximately 1,300 known interested
parties. Public scoping continued until
December 8, 2007, and the Scoping
Report is appended to the FEIS.
In accordance with the NEPA, a draft
EIS and MSHCP were circulated for
public review and comment. The public
review period was initiated with the
publication of the Notice of Availability
(NOA) in the Federal Register on July
13, 2011 (76 FR 41288), and the public
comment period was extended for an
additional 90 days (76 FR 63950). Three
public meetings were announced in the
NOA, and were held in Columbus,
Ohio, on August 16, 2011; Lexington,
Kentucky, on August 17, 2011; and
Charleston, West Virginia, on August
18, 2011. The comment period closed
on December 13, 2011. A variety of
comments were received on the DEIS
and associated MSHCP, and are
available for request by the methods
described under ADDRESSES. Responses
to these comments are appended to the
FEIS.
Availability of the FEIS was
announced in the Federal Register on
June 7, 2013 (78 FR 34402), and June 14,
2013 (78 FR 35928). Comments received
in response to the Notice of Availability
of the FEIS are discussed in the ROD.
Authority
We provide this notice under Section
10(c) of the ESA (16 U.S.C. 1531,
1539(c)) and its implementing
regulations (50 CFR 17.22 and 17.32),
and the NEPA (42 U.S.C. 4321 et seq.)
and its implementing regulations (40
CFR 1506.6; 43 CFR Part 46). We
evaluated the application, associated
documents, and comments submitted to
VerDate Mar<15>2010
19:20 Nov 13, 2013
Jkt 232001
determine whether the application met
the requirements of section 10(a)(1)(B)
of the ESA. The Service has made its
decision to issue an ITP to NiSource for
the take of 10 species in accordance
with their MSHCP and associated IA.
Dated: November 6, 2013.
Lynn Lewis,
Assistant Regional Director, Ecological
Services, Midwest Region.
[FR Doc. 2013–27230 Filed 11–13–13; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY920000
L51010000.ER0000.LVRWK09K0990.13X]
BLM Director’s Response to the Idaho
Governor’s Appeal of the BLM Idaho
State Director’s Governor’s
Consistency Review Determination
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Land
Management (BLM) is publishing this
notice to explain why the BLM Director
is denying the Governor of Idaho’s
recommendations regarding the
Proposed Land Use Plan Amendments
analyzed in the Gateway West Final
Environmental Impact Statement (EIS).
FOR FURTHER INFORMATION CONTACT:
Brian Amme, Acting Division Chief for
Decision Support, Planning and NEPA,
telephone 202–912–7289; address 1849
C Street NW., Room 2134LM,
Washington, DC 20240; email bamme@
blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours. A
copy of the Gateway West Final EIS and
Proposed Land Use Plan Amendments
is available on the BLM Wyoming Web
site at: https://www.wy.blm.gov/nepa/
cfodocs/gateway_west/.
SUPPLEMENTARY INFORMATION: On April,
26, 2013, the BLM released the Gateway
West Final EIS and Proposed Land Use
Plan Amendments. On June 27, 2013,
the Governor of Idaho (Governor)
submitted a Governor’s Consistency
Review and Finding of Inconsistency for
the Gateway West Final EIS and
Proposed Land Use Plan Amendments
(Finding) to the BLM Idaho State
SUMMARY:
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Director (State Director). The State
Director determined the Governor’s
Finding was outside the scope of the
Governor’s Consistency Review process
and did not accept the Governor’s
recommendations. A written response
was sent to the Governor on July 26,
2013, addressing the issues raised in the
Governor’s Finding.
On August 23, 2013, the Governor
appealed the State Director’s decision
not to accept his recommendations to
the BLM Director. The BLM Director
issued a final response to the Governor
affirming the State Director’s decision.
Pursuant to 43 CFR 1610.3–2, the
substantive portions of the Director’s
response to the Governor are printed as
follows:
‘‘With regard to your Greater SageGrouse Plan concerns, your letter did
not identify inconsistencies between
your Plan and any of the BLM proposed
land use plan amendments for the
Gateway West Transmission Project.
The regulations that provide for the
Governor’s consistency review process
at 43 CFR 1610.3–2, require BLM to
ensure that resource management plans
or plan amendments ‘are consistent
with officially approved or adopted’
State and local government resource
related plans, and policies and programs
in those plans so long as the plans ‘are
also consistent with the purposes,
policies and programs of Federal laws
and regulations applicable to public
lands.’ The regulations further provide
the Governor of the State involved in a
proposed plan or amendment to identify
inconsistencies between State or local
plans and the proposed plan or
amendment and provide
recommendations to the BLM State
Director. The consistency review
submitted by the Governor must
identify, with specificity, how a
proposed plan amendment is
inconsistent with specific State or local
plans. If the State Director denies such
recommendations, the Governor is
afforded an opportunity to appeal the
BLM State Director’s denial of
recommendations to the BLM Director
pursuant to 43 CFR 1610.3–2(e).
‘‘Your letter to the BLM State Director
and your appeal do not meet the
regulatory requirements by specifically
identifying inconsistencies between the
Greater Sage-Grouse Plan and the
proposed land use plan amendments in
the Gateway West Transmission Project
FEIS. Your appeal only generally states
that your Plan, which you submitted to
the BLM on July 1, 2013, is inconsistent
with the Gateway West National
Environmental Policy Act (NEPA)
process. The scope of the Governor’s
consistency review process is narrow. It
E:\FR\FM\14NON1.SGM
14NON1
TKELleY on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 220 / Thursday, November 14, 2013 / Notices
is limited to the proposed land use plan
amendment associated with the
Gateway West Project and does not
include the remainder of the project
application or wholesale challenges to
impacts analyzed in the FEIS. The
absence of any identification of a
specific inconsistency supports my
decision to deny the recommendations
in your appeal.
‘‘Your appeal also requests
clarification of BLM Idaho’s statement
that your Greater Sage-Grouse Plan was
‘not sufficiently final’ to be considered
in the FEIS. While the Plan may
represent a final proposal from you, the
larger Greater Sage-Grouse planning
effort being undertaken by the BLM in
coordination with the U.S. Fish and
Wildlife Service and other states,
including Idaho, is not yet final. The
Idaho BLM State Director was
attempting to explain that the Greater
Sage-Grouse planning effort and the
Gateway West Transmission Project
represented two separate and distinct
processes. Your plan is one of two copreferred alternatives being fully
analyzed in the Idaho and Southwestern
Montana Greater Sage-Grouse Draft
Resource Management Plan
Amendment/Draft Environmental
Impact Statement (DEIS). As we have
discussed in person, the BLM is very
committed to continuing to work with
the State of Idaho on Greater SageGrouse to meet our shared goals. We
have appreciated your efforts to develop
a thoughtful and detailed alternative.
‘‘With respect to Idaho’s Local Land
Use Planning Act, your letter to the
BLM Idaho State Director and your
appeal again do not specifically identify
inconsistencies between local
comprehensive plans and the proposed
land use plan amendments for the
Gateway West Transmission Project.
Instead, you generally state that local
counties have jurisdiction over the
siting of utility transmission corridors,
and that these local governments have
comprehensive planning and zoning
plans. You suggest that the local
governments prefer that transmission
siting occur on Federal land. Finally,
you suggest that the BLM’s review
process for the Gateway West
Transmission Project lacked meaningful
public involvement. No specific
inconsistencies between proposed land
use plan amendments for the Gateway
West Transmission Project and State or
local plans were identified as required
under BLM regulations, and thus, I am
denying your consistency appeal as it
relates to Idaho’s Local Land Use
Planning Act.
‘‘The BLM has taken considerable
steps to coordinate with the local
VerDate Mar<15>2010
19:20 Nov 13, 2013
Jkt 232001
counties. In fact, the BLM coordinated
extensively with local governments in
the development of alternatives that
crossed their jurisdictions, including
meetings with the Cities of Melba and
Kuna and various counties.
Additionally, the BLM recognizes that
after the Record of Decision is signed,
the individual counties have authority
under Idaho’s Local Land Use Planning
Act to adjust the final location for the
portions of each proposed action or
alternative that are located on nonfederal land.
‘‘After careful consideration, it is my
conclusion that the appeal has not
identified where the proposed plan
amendments are inconsistent with
specific provisions of approved or
adopted resource-related State or local
policies and programs. Therefore, I
affirm the BLM Idaho State Director’s
response to your Finding of
Inconsistency and deny the appeal.’’
Authority: 43 CFR 1610.3–2(e).
Michael D. Nedd,
Assistant Director, Minerals and Realty
Management.
[FR Doc. 2013–27262 Filed 11–13–13; 8:45 am]
BILLING CODE 4310–22–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
68467
The meeting will begin at 9:00 a.m., and
end no later than 4:30 p.m. The public
comment period will take place from
9:10 a.m. to 9:40 a.m.
FOR FURTHER INFORMATION CONTACT:
Heather Tiel-Nelson, Twin Falls
District, Idaho, 2536 Kimberly Road,
Twin Falls, Idaho 83301, (208) 736–
2352.
The 15member RAC advises the Secretary of
the Interior, through the Bureau of Land
Management, on a variety of planning
and management issues associated with
public land management in Idaho.
During the November 26th and
December 10th meetings, RAC
subcommittee members will discuss the
Idaho and Southwest Montana Subregional Draft Environmental Impact
Statement during the January 8th
meeting, RAC subcommittee members
will report to the full RAC with their
recommendations for the Draft EIS.
There will also be a new member
orientation for RAC members along with
field manager reports, a budget outlook
and wild horse issue update.
Additional topics may be added and
will be included in local media
announcements. More information is
available at www.blm.gov/id/st/en/res/
resource_advisory.3.html. RAC meetings
are open to the public.
SUPPLEMENTARY INFORMATION:
[LLIDT000000.L11200000.DD0000.241A.00]
Notice of Public Meetings, Twin Falls
District Resource Advisory Council, ID
Dated: November 4, 2013.
Mel M. Meier,
District Manager.
[FR Doc. 2013–27224 Filed 11–13–13; 8:45 am]
AGENCY:
BILLING CODE 4310–GG–P
Bureau of Land Management,
Interior.
Notice of public meetings.
ACTION:
DEPARTMENT OF THE INTERIOR
In accordance with the
Federal Land Policy and Management
Act (FLPMA), the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Twin Falls
District Resource Advisory Council
(RAC) and subcommittee for the Greater
sage-grouse will meet as indicated
below.
DATES: On November 26 and December
10, the Twin Falls District RAC
subcommittee members for the Greater
sage-grouse will meet at the Twin Falls
District BLM Office, 2536 Kimberly
Road, Twin Falls, ID 83301. The
meeting will begin at 6:00 p.m. and end
no later than 9:00 p.m. The public
comment period for the RAC
subcommittee meeting will take place
6:10 p.m. to 6:40 p.m. On January 8,
2014, the Twin Falls District RAC will
meet at the Sawtooth Best Western Inn,
2653 South Lincoln Ave., Jerome, Idaho.
Bureau of Land Management
SUMMARY:
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[LLWY920000/51010000.ER0000/
LVRWK09K0990/241A; WYW–174598; IDI–
35849]
Notice of Availability of the Record of
Decision for the Gateway West 230/
345/500-kV Transmission Line Project
and Approved Land Use Plan
Amendments in Idaho and Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice of Availability.
AGENCY:
The Bureau of Land
Management (BLM) announces the
availability of the Record of Decision
(ROD) authorizing a right-of-way (ROW)
grant to the Proponents’ (Idaho Power
Company and PacifiCorp, doing
business as Rocky Mountain Power) to
construct, operate, maintain, and
decommission electric transmission
lines on public lands for the Gateway
SUMMARY:
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Notices]
[Pages 68466-68467]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27262]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY920000 L51010000.ER0000.LVRWK09K0990.13X]
BLM Director's Response to the Idaho Governor's Appeal of the BLM
Idaho State Director's Governor's Consistency Review Determination
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Land Management (BLM) is publishing this notice
to explain why the BLM Director is denying the Governor of Idaho's
recommendations regarding the Proposed Land Use Plan Amendments
analyzed in the Gateway West Final Environmental Impact Statement
(EIS).
FOR FURTHER INFORMATION CONTACT: Brian Amme, Acting Division Chief for
Decision Support, Planning and NEPA, telephone 202-912-7289; address
1849 C Street NW., Room 2134LM, Washington, DC 20240; email
bamme@blm.gov. Persons who use a telecommunications device for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 to contact the above individual during normal business hours.
The FIRS is available 24 hours a day, 7 days a week, to leave a message
or question with the above individual. You will receive a reply during
normal business hours. A copy of the Gateway West Final EIS and
Proposed Land Use Plan Amendments is available on the BLM Wyoming Web
site at: https://www.wy.blm.gov/nepa/cfodocs/gateway_west/.
SUPPLEMENTARY INFORMATION: On April, 26, 2013, the BLM released the
Gateway West Final EIS and Proposed Land Use Plan Amendments. On June
27, 2013, the Governor of Idaho (Governor) submitted a Governor's
Consistency Review and Finding of Inconsistency for the Gateway West
Final EIS and Proposed Land Use Plan Amendments (Finding) to the BLM
Idaho State Director (State Director). The State Director determined
the Governor's Finding was outside the scope of the Governor's
Consistency Review process and did not accept the Governor's
recommendations. A written response was sent to the Governor on July
26, 2013, addressing the issues raised in the Governor's Finding.
On August 23, 2013, the Governor appealed the State Director's
decision not to accept his recommendations to the BLM Director. The BLM
Director issued a final response to the Governor affirming the State
Director's decision. Pursuant to 43 CFR 1610.3-2, the substantive
portions of the Director's response to the Governor are printed as
follows:
``With regard to your Greater Sage-Grouse Plan concerns, your
letter did not identify inconsistencies between your Plan and any of
the BLM proposed land use plan amendments for the Gateway West
Transmission Project. The regulations that provide for the Governor's
consistency review process at 43 CFR 1610.3-2, require BLM to ensure
that resource management plans or plan amendments `are consistent with
officially approved or adopted' State and local government resource
related plans, and policies and programs in those plans so long as the
plans `are also consistent with the purposes, policies and programs of
Federal laws and regulations applicable to public lands.' The
regulations further provide the Governor of the State involved in a
proposed plan or amendment to identify inconsistencies between State or
local plans and the proposed plan or amendment and provide
recommendations to the BLM State Director. The consistency review
submitted by the Governor must identify, with specificity, how a
proposed plan amendment is inconsistent with specific State or local
plans. If the State Director denies such recommendations, the Governor
is afforded an opportunity to appeal the BLM State Director's denial of
recommendations to the BLM Director pursuant to 43 CFR 1610.3-2(e).
``Your letter to the BLM State Director and your appeal do not meet
the regulatory requirements by specifically identifying inconsistencies
between the Greater Sage-Grouse Plan and the proposed land use plan
amendments in the Gateway West Transmission Project FEIS. Your appeal
only generally states that your Plan, which you submitted to the BLM on
July 1, 2013, is inconsistent with the Gateway West National
Environmental Policy Act (NEPA) process. The scope of the Governor's
consistency review process is narrow. It
[[Page 68467]]
is limited to the proposed land use plan amendment associated with the
Gateway West Project and does not include the remainder of the project
application or wholesale challenges to impacts analyzed in the FEIS.
The absence of any identification of a specific inconsistency supports
my decision to deny the recommendations in your appeal.
``Your appeal also requests clarification of BLM Idaho's statement
that your Greater Sage-Grouse Plan was `not sufficiently final' to be
considered in the FEIS. While the Plan may represent a final proposal
from you, the larger Greater Sage-Grouse planning effort being
undertaken by the BLM in coordination with the U.S. Fish and Wildlife
Service and other states, including Idaho, is not yet final. The Idaho
BLM State Director was attempting to explain that the Greater Sage-
Grouse planning effort and the Gateway West Transmission Project
represented two separate and distinct processes. Your plan is one of
two co-preferred alternatives being fully analyzed in the Idaho and
Southwestern Montana Greater Sage-Grouse Draft Resource Management Plan
Amendment/Draft Environmental Impact Statement (DEIS). As we have
discussed in person, the BLM is very committed to continuing to work
with the State of Idaho on Greater Sage-Grouse to meet our shared
goals. We have appreciated your efforts to develop a thoughtful and
detailed alternative.
``With respect to Idaho's Local Land Use Planning Act, your letter
to the BLM Idaho State Director and your appeal again do not
specifically identify inconsistencies between local comprehensive plans
and the proposed land use plan amendments for the Gateway West
Transmission Project. Instead, you generally state that local counties
have jurisdiction over the siting of utility transmission corridors,
and that these local governments have comprehensive planning and zoning
plans. You suggest that the local governments prefer that transmission
siting occur on Federal land. Finally, you suggest that the BLM's
review process for the Gateway West Transmission Project lacked
meaningful public involvement. No specific inconsistencies between
proposed land use plan amendments for the Gateway West Transmission
Project and State or local plans were identified as required under BLM
regulations, and thus, I am denying your consistency appeal as it
relates to Idaho's Local Land Use Planning Act.
``The BLM has taken considerable steps to coordinate with the local
counties. In fact, the BLM coordinated extensively with local
governments in the development of alternatives that crossed their
jurisdictions, including meetings with the Cities of Melba and Kuna and
various counties. Additionally, the BLM recognizes that after the
Record of Decision is signed, the individual counties have authority
under Idaho's Local Land Use Planning Act to adjust the final location
for the portions of each proposed action or alternative that are
located on non-federal land.
``After careful consideration, it is my conclusion that the appeal
has not identified where the proposed plan amendments are inconsistent
with specific provisions of approved or adopted resource-related State
or local policies and programs. Therefore, I affirm the BLM Idaho State
Director's response to your Finding of Inconsistency and deny the
appeal.''
Authority: 43 CFR 1610.3-2(e).
Michael D. Nedd,
Assistant Director, Minerals and Realty Management.
[FR Doc. 2013-27262 Filed 11-13-13; 8:45 am]
BILLING CODE 4310-22-P
