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.
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16:39 Jun 12, 2015
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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
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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
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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
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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