Notice of Intent To Prepare a Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement to the Draft Environmental Impact Statement on the Bay Delta Habitat Conservation Plan and Natural Community Conservation Plan for the Sacramento-San Joaquin Delta, California, 34170-34172 [2015-14649]

Download as PDF asabaliauskas on DSK5VPTVN1PROD with NOTICES 34170 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices The Review Committee is soliciting presentations from Indian tribes, Native Hawaiian organizations, museums, and Federal agencies on the following two topics: (1) The progress made, and any barriers encountered, in implementing NAGPRA and (2) the outcomes of disputes reviewed by the Review Committee pursuant to 25 U.S.C. 3006(c)(4). The Review Committee also will consider other presentations from Indian tribes, Native Hawaiian organizations, museums, Federal agencies, associations, and individuals. A presentation request must, at minimum, include an abstract of the presentation and contact information for the presenter(s). Presentation requests and materials must be received by October 14, 2015. Written comments will be accepted from any party and provided to the Review Committee. Written comments received by October 29, 2015, will be provided to the Review Committee before the meeting. Written comments received later than October 29, 2015, will be provided to the Review Committee at the meeting. The Review Committee will consider requests for a recommendation to the Secretary of the Interior that an agreedupon disposition of Native American human remains determined to be CUI proceed. A CUI disposition request must include the appropriate, completed form posted on the National NAGPRA Program Web site and, as applicable, the ancillary materials noted on the form. To access and download the appropriate form—either the form for CUI with a ‘‘tribal land’’ or ‘‘aboriginal land’’ provenience or the form for CUI without a ‘‘tribal land’’ or ‘‘aboriginal land’’ provenience—go to https://www.nps.gov/ nagpra, and then click on ‘‘Request for CUI Disposition Forms.’’ CUI disposition requests must be received by September 9, 2015. The Review Committee will consider requests, pursuant to 25 U.S.C. 3006(c)(3), for review and findings of fact related to the identity or cultural affiliation of human remains or other cultural items, or the return of such items, where consensus among affected parties is unclear or uncertain. A request for findings of fact must be accompanied by a statement of the fact(s) at issue and supporting materials, including those exchanged by the parties to consultation concerning the Native American human remains and/or other cultural items. To access procedures for presenting findings of fact, go to https://www.nps.gov/nagpra/ REVIEW/Procedures.htm. Requests for findings of fact must be received by August 26, 2015. VerDate Sep<11>2014 16:39 Jun 12, 2015 Jkt 235001 The Review Committee will consider requests, pursuant to 25 U.S.C. 3006(c)(4), to convene parties and facilitate the resolution of a dispute, where consensus clearly has not been reached among affected parties regarding the identity or cultural affiliation of human remains or other cultural items, or the return of such items. A request to convene parties and facilitate the resolution of a dispute must be accompanied by a statement of the decision of the museum or Federal agency subject to the dispute resolution request, a statement of the issue, and the materials exchanged by the parties concerning the Native American human remains and/or other cultural items. To access procedures for presenting disputes, go to https://www.nps.gov/ nagpra/REVIEW/Procedures.htm. Requests to convene parties and facilitate resolution of a dispute must be received by July 22, 2015. Submissions and requests should be sent to nagpra_dfo@nps.gov. Such items are subject to posting on the National NAGPRA Program Web site prior to the meeting. December 14, 2015 The Review Committee will meet via teleconference on December 14, 2015, from 2:00 p.m. until approximately 4:00 p.m. (Eastern), for the sole purpose of finalizing the Review Committee Report to Congress, should the report not be finalized by November 19. This meeting will be open to the public. Those who desire to attend the meeting should register at https://www.nps.gov/nagpra to be provided the telephone access number for the meeting. A transcript and minutes of the meeting will also appear on the Web site. General Information Information about NAGPRA, the Review Committee, and Review Committee meetings is available on the National NAGPRA Program Web site at https://www.nps.gov/nagpra. For the Review Committee’s meeting procedures, click on ‘‘Review Committee,’’ then click on ‘‘Procedures.’’ Meeting minutes may be accessed by going to the Web site, then clicking on ‘‘Review Committee,’’ and then clicking on ‘‘Meeting Minutes.’’ Approximately fourteen weeks after each Review Committee meeting, the meeting transcript is posted on the National NAGPRA Program Web site. Review Committee members are appointed by the Secretary of the Interior. The Review Committee is responsible for monitoring the NAGPRA inventory and identification process; reviewing and making findings related PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 to the identity or cultural affiliation of cultural items, or the return of such items; facilitating the resolution of disputes; compiling an inventory of culturally unidentifiable human remains that are in the possession or control of each Federal agency and museum, and recommending specific actions for developing a process for disposition of such human remains; consulting with Indian tribes and Native Hawaiian organizations and museums on matters affecting such tribes or organizations lying within the scope of work of the Review Committee; consulting with the Secretary of the Interior on the development of regulations to carry out NAGPRA; and making recommendations regarding future care of repatriated cultural items. The Review Committee’s work is carried out during the course of meetings that are open to the public. Before including your address, telephone number, email address, or other personal identifying information in your submission, you should be aware that your entire submission— including your personal identifying information—may be made publicly available at any time. While you may ask us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: June 9, 2015. Shirley Sears, Acting Chief, Office of Policy. [FR Doc. 2015–14551 Filed 6–12–15; 8:45 am] BILLING CODE 4310–EE–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation [RR02800000, RX.18527914.2050100, 15XR0687ND] Notice of Intent To Prepare a Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement to the Draft Environmental Impact Statement on the Bay Delta Habitat Conservation Plan and Natural Community Conservation Plan for the SacramentoSan Joaquin Delta, California Bureau of Reclamation, Interior. ACTION: Notice. AGENCY: The Bureau of Reclamation and the California Department of Water Resources intend to prepare a partially Recirculated Draft Environmental Impact Report/Supplemental Draft Environmental Impact Statement (RDEIR/SDEIS) on the Draft Bay Delta SUMMARY: E:\FR\FM\15JNN1.SGM 15JNN1 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices Conservation Plan and Natural Community Conservation Plan (BDCP, or the Plan). The RDEIR/SDEIS will describe and analyze refinement of the resource area analyses, alternatives, and actions, including additional alternatives that describe conveyance alternatives that do not contain all the elements of a Habitat Conservation Plan/Natural Communities Conservation Plan that are described in the previously circulated Draft Environmental Impact Report/Environmental Impact Statement (EIR/EIS). FOR FURTHER INFORMATION CONTACT: Ms. Michelle Banonis, Bureau of Reclamation, (916) 930–5676. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with NOTICES Background On January 24, 2008, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) issued a Notice of Intent (NOI) to prepare an EIS on the BDCP (73 FR 4178). The NOI was re-issued on April 15, 2008, to include the Bureau of Reclamation (Reclamation) as a co-lead Federal agency, update the status of the planning process, and provide updated information related to scoping meetings (73 FR 20326). The April 15, 2008, NOI identified scoping meeting locations and stated that written comments would be accepted until May 30, 2008. Additional information was later developed to describe the proposed BDCP, and subsequent scoping activities were initiated on February 13, 2009, with the publication of a revised NOI (74 FR 7257). The NOI identified scoping meeting locations and stated that written comments would be accepted until May 14, 2009. In 2008, ten public scoping meetings were held throughout California. In spring 2009, a summary update was produced and distributed about the development of the Plan to interested members of the public, including details of individual elements of the plan (referred to in the Plan as ‘‘conservation measures’’) that were being considered as part of the conservation strategy. Ten additional public scoping meetings were then held throughout California, seeking input about the scope of covered activities and potential alternatives to the proposed action. In December 2010, the California Natural Resources Agency disseminated to the public a summary of the BDCP, its status, and a list of outstanding issues. In 2011 and 2012, public meetings continued in Sacramento, California, to update stakeholders and the public on elements of the draft VerDate Sep<11>2014 16:39 Jun 12, 2015 Jkt 235001 BDCP and EIR/EIS that were being developed. On December 13, 2013, the Draft BDCP and associated Draft EIR/EIS were released to the public and a 120-day public comment period was opened through notification in the Federal Register (78 FR 75939). That notice described the proposed action and a reasonable range of alternatives. In response to requests from the public, the comment period was extended for an additional 60 days and closed on June 13, 2014 (79 FR 17135; March 27, 2014). A Draft Implementing Agreement was also made available to the public on May 30, 2014, for a 60-day review and comment period, which closed on July 29, 2014. The comment period of the Draft EIR/EIS was also extended to the later date. All draft documents are available at www.baydeltaconservationplan.com. As a result of considering comments on the Draft BDCP, Draft EIR/EIS, and Draft Implementing Agreement, Reclamation and the California Department of Water Resources have proposed three additional conveyance alternatives for analysis in the RDEIR/ SDEIR. Each of these alternatives contains fewer Conservation Measures than the conveyance alternatives circulated in the Draft EIS/EIR. Specifically, the new alternatives no longer contain the following Conservation Measures: CM–2 Yolo Bypass Fisheries Enhancement; CM–5 Seasonally Inundated Floodplain Restoration; CM–8 Grassland Natural Community Restoration; CM–13 Invasive Aquatic Vegetation Control; CM–14 Stockton Deep Water Ship Channel Dissolved Oxygen Levels; CM– 17 Illegal Harvest Reduction; CM–18 Conservation Hatcheries; CM–19 Urban Stormwater Treatment; CM–20 Recreational Users Invasive Species Program; and CM–21 Non-project Diversions. The new alternatives contain modified versions of the following Conservation Measures: CM– 3 Natural Communities Protection and Restoration; CM–4 Tidal Natural Communities Restoration; CM–6 Channel Margin Enhancement; CM–7 Riparian Natural Community Restoration; CM–9 Vernal Pool and Alkali Seasonal Wetland Complex Restoration; CM–10 Nontidal Marsh Restoration; CM–11 Natural Communities Enhancement and Management; CM–12 Methylmercury Management; CM–15 Localized Reduction of Predatory Fishes; and CM– 16 Non-Physical Fish Barriers. The new alternatives are not structured as a Habitat Conservation Plan/Natural Communities Conservation Plan but are PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 34171 structured to achieve compliance with the Federal Endangered Species Act through consultation under Section 7 and the California Endangered Species Act through the incidental take permit process under Section 2081(b) of the California Fish & Game Code. DWR has identified one of the new alternatives, Alternative 4A, as their proposed project. Alternative 4A will consist of a water conveyance facility with three intakes, habitat restoration measures necessary to minimize or avoid project effects, and the previously described Conservation Measures. Alternative 4A is proposed by DWR to make physical and operational improvements to the State Water Project system in the Delta necessary to restore and protect ecosystem health, water supplies of the SWP and Central Valley Project south-of-Delta, and water quality within a stable regulatory framework, consistent with statutory and contractual obligations. The RDEIR/SDEIS will also analyze the impacts for two additional alternatives: Alternative 2D, which will consist of a water conveyance facility with five intakes, and Alternative 5A, which will consist of a water conveyance facility with one intake. Both of these alternatives will contain the habitat restoration measures necessary to minimize or avoid project effects, and the previously described Conservation Measures listed above. In addition, the RDEIR/SDEIR will describe and analyze project modifications and refinement of the resource area analyses, alternatives, and actions. Reclamation will be the Federal lead agency and NMFS, USFWS, and the U.S. Army Corps of Engineers, by virtue of their regulatory review requirements, will be cooperating agencies for the RDEIR/SDEIR. All other entities identified as Cooperating Agencies through prior agreements will retain their status for the RDEIR/SDEIR. If one of these additional alternatives is selected as the preferred alternative, it would be analyzed through the interagency consultation process under Section 7 of the Federal Endangered Species Act and the California Endangered Species Act through Section 2081(b) of the California Fish & Game Code. Further, the RDEIR/SDEIS will evaluate alternatives to support a determination of the Least Environmentally Damaging Practicable Alternative by the U.S. Army Corps of Engineers. The RDEIR/SDEIS is being prepared under the National Environmental Policy Act (NEPA) and California Environmental Quality Act. Based on project revisions and in consideration of comments received on E:\FR\FM\15JNN1.SGM 15JNN1 34172 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Notices the Draft BDCP, Draft EIR/EIS, and Draft Implementing Agreement, the State and Federal lead agencies recognize that additional information is appropriate to address comments and to enhance the environmental analysis. Council on Environmental Quality regulations for implementing NEPA (40 CFR 1502.9(c)) do not require any additional scoping for a supplement to a Draft EIS, and the lead agencies are not proposing any scoping process for this RDEIR/SDEIS in addition to the scoping that has already been done for the draft EIR/EIS as described above. For further background information, see the December 13, 2013 Federal Register notice (78 FR 75939). Dated: May 22, 2015. Pablo R. Arroyave, Deputy Regional Director, Mid-Pacific Region. [FR Doc. 2015–14649 Filed 6–12–15; 8:45 am] BILLING CODE 4332–90–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–897] Certain Optical Disc Drives, Components Thereof, and Products Containing the Same; Notice of Commission Determination To Review in Part an Initial Determination Terminating the Investigation in Its Entirety Based on Complainant’s Lack of Standing and on Review To Affirm With Modified Reasoning; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to review in part the presiding administrative law judge’s (‘‘ALJ’’) initial determination (‘‘ID’’) (Order No. 135) terminating the above-captioned investigation based on complainant’s lack of standing with respect to the remaining asserted patents. On review, the Commission affirms with modified reasoning and terminates the investigation in its entirety. SUMMARY: asabaliauskas on DSK5VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202– 205–2392. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the VerDate Sep<11>2014 16:39 Jun 12, 2015 Jkt 235001 Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at https:// edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on 202–205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on October 25, 2013, based on a Complaint filed by Optical Devices, LLC of Peterborough, New Hampshire (‘‘Optical Devices’’), as supplemented. 78 FR 64009 (Oct. 25, 2013). The Complaint alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent Nos. 6,904,007; 7,196,979; 8,416,651 (collectively, ‘‘the Kadlec Patents’’); RE40,927; RE42,913; and RE43,681 (collectively ‘‘the Wild Patents’’). The Complaint further alleges the existence of a domestic industry. The Commission’s Notice of Investigation named numerous respondents including Lenovo Group Ltd. of Quarry Bay, Hong Kong and Lenovo (United States) Inc., of Morrisville, North Carolina; LG Electronics, Inc. of Seoul, Republic of Korea and LG Electronics U.S.A., Inc. of Englewood Cliffs, New Jersey; Toshiba Corporation of Tokyo, Japan and Toshiba America Information Systems, Inc. of Irvine, California; and MediaTek, Inc. of Hsinchu City, Taiwan and MediaTek USA Inc. of San Jose, California. The Office of Unfair Import Investigations was not named as a party to the investigation. The Commission later terminated the investigation as to the application of numerous claims of the asserted patents to various named respondents. See Notice of Commission Determination Not to Review an Initial Determination Granting Complainant’s Motions to Partially Terminate the Investigation as to Certain Patents (Aug. 8, 2014). The Commission also later terminated the investigation with respect to Nintendo Co., Ltd. of Kyoto, Japan and Nintendo of America, Inc. of Redmond, Washington; Panasonic Corp. of Osaka, Japan and Panasonic Corporation of North America of Secaucus, New Jersey; Samsung Electronics Co., Ltd. of Seoul, Republic of Korea and Samsung Electronics America, Inc. of Ridgefield PO 00000 Frm 00045 Fmt 4703 Sfmt 9990 Park, New Jersey, based on settlement agreements. See Notice of Commission Determination to Grant a Joint Motion to Terminate the Investigation as to Respondents Samsung Electronics Co., Ltd. Samsung Electronics America, Inc. on the Basis of a Settlement Agreement (Sept. 2, 2014); Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation In Part as to Respondents Panasonic and Nintendo (Mar. 30, 2015). On December 4, 2014, the Commission affirmed, with modified reasoning, the ALJ’s determination to terminate the investigation with respect to the Wild Patents based on Optical Devices’ lack of standing to assert the Wild Patents. On the same day, the Commission vacated the ALJ’s finding that Optical Devices lacked standing with respect to the Kadlec Patents, and remanded the investigation to the ALJ for further proceedings. After re-opening discovery and receiving additional briefing from the parties, the ALJ issued the subject ID on April 27, 2015, finding that Optical Devices does not have standing to assert the Kadlec Patents in this investigation. On May 7, 2015, Optical Devices filed a petition for review of the subject ID, and Respondents filed a contingent petition for review of the subject ID. On May 14, 2015, the parties filed their respective responses to the petitions. Having reviewed the parties’ submissions and the record evidence, the Commission has determined to review the subject ID in part. Specifically, the Commission has determined to review a finding related to an agreement discussed on pages 22– 25 of the ID. On review, the Commission affirms the ID’s finding with modified reasoning. The Commission has also determined to correct certain statements made in the subject ID. A Commission opinion will be issued shortly. The investigation is terminated in its entirety. The authority for the Commission’s determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210). By order of the Commission. Issued: June 9, 2015. William R. Bishop, Supervisory Hearings and Information Officer. [FR Doc. 2015–14492 Filed 6–12–15; 8:45 am] BILLING CODE 7020–02–P E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34170-34172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14649]


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

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR02800000, RX.18527914.2050100, 15XR0687ND]


Notice of Intent To Prepare a Recirculated Draft Environmental 
Impact Report/Supplemental Draft Environmental Impact Statement to the 
Draft Environmental Impact Statement on the Bay Delta Habitat 
Conservation Plan and Natural Community Conservation Plan for the 
Sacramento-San Joaquin Delta, California

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice.

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

SUMMARY: The Bureau of Reclamation and the California Department of 
Water Resources intend to prepare a partially Recirculated Draft 
Environmental Impact Report/Supplemental Draft Environmental Impact 
Statement (RDEIR/SDEIS) on the Draft Bay Delta

[[Page 34171]]

Conservation Plan and Natural Community Conservation Plan (BDCP, or the 
Plan). The RDEIR/SDEIS will describe and analyze refinement of the 
resource area analyses, alternatives, and actions, including additional 
alternatives that describe conveyance alternatives that do not contain 
all the elements of a Habitat Conservation Plan/Natural Communities 
Conservation Plan that are described in the previously circulated Draft 
Environmental Impact Report/Environmental Impact Statement (EIR/EIS).

FOR FURTHER INFORMATION CONTACT: Ms. Michelle Banonis, Bureau of 
Reclamation, (916) 930-5676.

SUPPLEMENTARY INFORMATION:

Background

    On January 24, 2008, the U.S. Fish and Wildlife Service (USFWS) and 
National Marine Fisheries Service (NMFS) issued a Notice of Intent 
(NOI) to prepare an EIS on the BDCP (73 FR 4178). The NOI was re-issued 
on April 15, 2008, to include the Bureau of Reclamation (Reclamation) 
as a co-lead Federal agency, update the status of the planning process, 
and provide updated information related to scoping meetings (73 FR 
20326). The April 15, 2008, NOI identified scoping meeting locations 
and stated that written comments would be accepted until May 30, 2008. 
Additional information was later developed to describe the proposed 
BDCP, and subsequent scoping activities were initiated on February 13, 
2009, with the publication of a revised NOI (74 FR 7257). The NOI 
identified scoping meeting locations and stated that written comments 
would be accepted until May 14, 2009.
    In 2008, ten public scoping meetings were held throughout 
California. In spring 2009, a summary update was produced and 
distributed about the development of the Plan to interested members of 
the public, including details of individual elements of the plan 
(referred to in the Plan as ``conservation measures'') that were being 
considered as part of the conservation strategy. Ten additional public 
scoping meetings were then held throughout California, seeking input 
about the scope of covered activities and potential alternatives to the 
proposed action.
    In December 2010, the California Natural Resources Agency 
disseminated to the public a summary of the BDCP, its status, and a 
list of outstanding issues. In 2011 and 2012, public meetings continued 
in Sacramento, California, to update stakeholders and the public on 
elements of the draft BDCP and EIR/EIS that were being developed.
    On December 13, 2013, the Draft BDCP and associated Draft EIR/EIS 
were released to the public and a 120-day public comment period was 
opened through notification in the Federal Register (78 FR 75939). That 
notice described the proposed action and a reasonable range of 
alternatives. In response to requests from the public, the comment 
period was extended for an additional 60 days and closed on June 13, 
2014 (79 FR 17135; March 27, 2014). A Draft Implementing Agreement was 
also made available to the public on May 30, 2014, for a 60-day review 
and comment period, which closed on July 29, 2014. The comment period 
of the Draft EIR/EIS was also extended to the later date. All draft 
documents are available at www.baydeltaconservationplan.com.
    As a result of considering comments on the Draft BDCP, Draft EIR/
EIS, and Draft Implementing Agreement, Reclamation and the California 
Department of Water Resources have proposed three additional conveyance 
alternatives for analysis in the RDEIR/SDEIR. Each of these 
alternatives contains fewer Conservation Measures than the conveyance 
alternatives circulated in the Draft EIS/EIR. Specifically, the new 
alternatives no longer contain the following Conservation Measures: CM-
2 Yolo Bypass Fisheries Enhancement; CM-5 Seasonally Inundated 
Floodplain Restoration; CM-8 Grassland Natural Community Restoration; 
CM-13 Invasive Aquatic Vegetation Control; CM-14 Stockton Deep Water 
Ship Channel Dissolved Oxygen Levels; CM-17 Illegal Harvest Reduction; 
CM-18 Conservation Hatcheries; CM-19 Urban Stormwater Treatment; CM-20 
Recreational Users Invasive Species Program; and CM-21 Non-project 
Diversions. The new alternatives contain modified versions of the 
following Conservation Measures: CM-3 Natural Communities Protection 
and Restoration; CM-4 Tidal Natural Communities Restoration; CM-6 
Channel Margin Enhancement; CM-7 Riparian Natural Community 
Restoration; CM-9 Vernal Pool and Alkali Seasonal Wetland Complex 
Restoration; CM-10 Nontidal Marsh Restoration; CM-11 Natural 
Communities Enhancement and Management; CM-12 Methylmercury Management; 
CM-15 Localized Reduction of Predatory Fishes; and CM-16 Non-Physical 
Fish Barriers. The new alternatives are not structured as a Habitat 
Conservation Plan/Natural Communities Conservation Plan but are 
structured to achieve compliance with the Federal Endangered Species 
Act through consultation under Section 7 and the California Endangered 
Species Act through the incidental take permit process under Section 
2081(b) of the California Fish & Game Code.
    DWR has identified one of the new alternatives, Alternative 4A, as 
their proposed project. Alternative 4A will consist of a water 
conveyance facility with three intakes, habitat restoration measures 
necessary to minimize or avoid project effects, and the previously 
described Conservation Measures. Alternative 4A is proposed by DWR to 
make physical and operational improvements to the State Water Project 
system in the Delta necessary to restore and protect ecosystem health, 
water supplies of the SWP and Central Valley Project south-of-Delta, 
and water quality within a stable regulatory framework, consistent with 
statutory and contractual obligations.
    The RDEIR/SDEIS will also analyze the impacts for two additional 
alternatives: Alternative 2D, which will consist of a water conveyance 
facility with five intakes, and Alternative 5A, which will consist of a 
water conveyance facility with one intake. Both of these alternatives 
will contain the habitat restoration measures necessary to minimize or 
avoid project effects, and the previously described Conservation 
Measures listed above. In addition, the RDEIR/SDEIR will describe and 
analyze project modifications and refinement of the resource area 
analyses, alternatives, and actions. Reclamation will be the Federal 
lead agency and NMFS, USFWS, and the U.S. Army Corps of Engineers, by 
virtue of their regulatory review requirements, will be cooperating 
agencies for the RDEIR/SDEIR. All other entities identified as 
Cooperating Agencies through prior agreements will retain their status 
for the RDEIR/SDEIR.
    If one of these additional alternatives is selected as the 
preferred alternative, it would be analyzed through the interagency 
consultation process under Section 7 of the Federal Endangered Species 
Act and the California Endangered Species Act through Section 2081(b) 
of the California Fish & Game Code. Further, the RDEIR/SDEIS will 
evaluate alternatives to support a determination of the Least 
Environmentally Damaging Practicable Alternative by the U.S. Army Corps 
of Engineers. The RDEIR/SDEIS is being prepared under the National 
Environmental Policy Act (NEPA) and California Environmental Quality 
Act. Based on project revisions and in consideration of comments 
received on

[[Page 34172]]

the Draft BDCP, Draft EIR/EIS, and Draft Implementing Agreement, the 
State and Federal lead agencies recognize that additional information 
is appropriate to address comments and to enhance the environmental 
analysis. Council on Environmental Quality regulations for implementing 
NEPA (40 CFR 1502.9(c)) do not require any additional scoping for a 
supplement to a Draft EIS, and the lead agencies are not proposing any 
scoping process for this RDEIR/SDEIS in addition to the scoping that 
has already been done for the draft EIR/EIS as described above.
    For further background information, see the December 13, 2013 
Federal Register notice (78 FR 75939).

    Dated: May 22, 2015.
Pablo R. Arroyave,
Deputy Regional Director, Mid-Pacific Region.
[FR Doc. 2015-14649 Filed 6-12-15; 8:45 am]
 BILLING CODE 4332-90-P
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