Notice of Intent To Prepare an Environmental Assessment To Reconsider the January 19, 2017, Record of Decision Approving Segments 8 and 9 for the Gateway West Transmission Line Project, Idaho, 40797-40799 [2017-18181]
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
Authority: We issue this notice under the
authority of the ESA, as amended (16 U.S.C.
1531 et seq.), and the MMPA, as amended (16
U.S.C. 1361 et seq.).
Joyce Russell,
Government Information Specialist, Branch
of Permits, Division of Management
Authority.
[FR Doc. 2017–18209 Filed 8–25–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[16XL LLWY9200000.L51010000.ER0000.
LVRWK09K0990.241A.0 4500106832]
Notice of Intent To Prepare an
Environmental Assessment To
Reconsider the January 19, 2017,
Record of Decision Approving
Segments 8 and 9 for the Gateway
West Transmission Line Project, Idaho
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
In compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
Federal Land Policy and Management
Act of 1976, as amended (FLPMA), and
the Morley Nelson Snake River Birds of
Prey National Conservation Area (NCA)
Boundary Modification Act of 2017
(Modification Act), the Bureau of Land
Management (BLM) is reconsidering the
decision to approve a Right-of-Way
(ROW) application for Segments 8 and
9 of the Gateway West 500-kilovolt (kV)
Transmission Line Project (Project). By
this Notice the BLM announces the
beginning of scoping to solicit public
comments and identify issues associated
with such reconsideration, including
the potential amendment of several
Resource Management Plans (RMPs)
and Management Framework Plans
(MFPs) in the project area. The BLM
analyzed the impacts of the alternative
that it is reconsidering in the 2016
Gateway West Final Supplemental
Environmental Impact Statement (EIS).
The BLM will prepare an Environmental
Assessment (EA) to reconsider the
January 19, 2017 Decision, including the
land use plan amendments associated
with a specific action alternative
identified in the Supplemental EIS.
DATES: Comments on issues may be
submitted in writing until September
27, 2017. In order to be included in the
analysis, all comments must be
postmarked prior to the close of the 30day scoping period.
ADDRESSES: You may submit comments
on issues and planning criteria related
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SUMMARY:
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to this EA by any of the following
methods:
• Web site: https://www.blm.gov/
gatewaywest
• Email: blm_id_gateway_west@blm.gov
• Fax: 208–384–3326
• Mail: BLM Boise District Office, 3948
Development Ave., Boise, ID 83705
Documents pertinent to this proposal
may be examined at the BLM Boise
District Office, 3948 Development Ave,,
Boise, ID 83705.
FOR FURTHER INFORMATION: Contact
Courtney Busse by calling 208–373–
3872 or emailing at cbusse@blm.gov.
You can also contact Ms. Busse to have
your name added to the BLM mailing
list for the Project. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Relay
Service (FRS) at 1–800–877–8339 to
contact Ms. Busse. The FRS is available
24 hours a day, 7 days a week, to leave
a message or question with Ms. Busse.
You will receive a reply during normal
business hours.
SUPPLEMENTARY INFORMATION:
PacifiCorp, dba Rocky Mountain Power,
and Idaho Power (Proponents)
submitted an initial ROW application
under FLPMA in 2007 to locate 500-kV
electric transmission lines on Federal
lands as part of the Project. The original
Project comprised 10 transmission line
segments originating at the Windstar
Substation near Glenrock, Wyoming,
and terminating at the Hemingway
Substation near Melba, Idaho.
After completing NEPA analysis in an
EIS, the BLM issued a Record of
Decision (ROD) in November 2013 that
authorized routes and associated land
use plan amendments on Federal lands
for Segments 1 through 7, and Segment
10, but the BLM deferred a Decision for
Segments 8 and 9 in southwestern
Idaho.
In August 2014, the BLM received
from the Proponents a revised ROW
application for Segments 8 and 9 and a
revised Plan of Development for the
Project, which the BLM determined
required additional NEPA analysis
through a Supplemental EIS. On
October 7, 2016, the BLM released a
Final Supplemental EIS that analyzed
seven alternative ROW routes for
Segments 8 and 9 and the land use plan
amendments needed to accommodate
each alternative route pair. The BLM
issued a ROD on January 19, 2017,
selecting the route described as
Alternative 5 in the Final Supplemental
EIS.
Following the Decision, several
environmental organizations, the State
of Idaho, and Owyhee County, Idaho,
appealed the ROW Decision to the
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40797
Interior Board of Land Appeals (IBLA).
In a letter to the Secretary of the
Interior, the Governor of Idaho
requested that the BLM reconsider the
January 19, 2017, Decision and select an
alternative with fewer impacts to State
and county resources and communities.
The Proponents also requested that the
BLM reconsider the January Decision
and possibly select the alternative
proposed in their revised application, as
more cost-effective and providing
greater system reliability. On April 18,
2017, the IBLA granted BLM’s Motion to
Remand the January 19, 2017, Decision
for reconsideration. The BLM’s Motion
was unopposed.
On May 4, 2017, Congress passed the
Consolidated Appropriations Act, 2017
(H.R. 244), which incorporated the
Morley Nelson Snake River Birds of
Prey NCA Boundary Modification Act
(Modification Act) by reference
(Division G, Title IV, Sec. 431(a)).
The President signed the
Appropriations Act into law on May 5,
2017. The Modification Act directed the
BLM to issue a ROW grant for the lands
described in Sec. (b)(2) of the
Modification Act for portions of
Gateway West Segments 8 and 9, which
represent the portions of Alternative 1
from the Final Supplemental EIS within
the boundaries of the NCA. The
Modification Act also removed the
lands for this ROW from NCA status and
stipulated that the mitigation framework
presented in the Final Supplemental EIS
will apply to the authorized segments.
The Modification Act (Sec. (c)(1))
requires the BLM to issue the ROW (that
portion in the NCA) within 90 days of
the enactment of the Appropriations
Act, or by August 2, 2017.
In light of the Modification Act’s nondiscretionary direction to issue the
statutory ROW, the BLM’s
reconsideration of the January 19, 2017,
Decision will consider the alternative(s)
from the Supplemental EIS that align
with the statutory ROW, so as to meet
the agency’s purpose and need for
action, i.e., to respond to the
Proponents’ ROW application and the
direction of the Modification Act, and
the no-action alternative.
Because the route pairing described as
Alternative 1 (routes described as
Revised Proposed 8 and Revised
Proposed 9) in the Supplemental EIS is
the only alternative that meets these
criteria, it will be analyzed as the action
alternative for reconsideration.
Furthermore, because the statutory
ROW directed the BLM to issue a ROW
grant for certain portions of the routes
within the NCA boundaries previously
analyzed in Alternative 1 in the
Supplemental EIS, the EA and
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40798
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
subsequent decision will address only
public lands identified with Alternative
1 which lie outside the NCA boundaries
that existed when the Final
Supplemental EIS was published
(October 7, 2016, 81 FR 69845). In the
EA, the BLM plans to rely on the
Supplemental EIS and the 2013 Final
EIS for both the ROW alternatives for
Segments 8 and 9 and the corresponding
land use plan amendments necessary to
support the alternative.
Because the potential selection of a
different ROW alternative would require
a new decision for corresponding land
use plan amendments, the BLM must
ensure that it is satisfying the land use
plan amendment requirements set forth
in 43 CFR part 1600. The BLM is
preparing an EA to inform
reconsideration of the January 19, 2017,
Decision and meet the regulatory
requirements for amending land use
plans, including public participation
opportunities, and to ensure that any
new information regarding the
alternatives presented in the
Supplemental EIS and 2013 Final EIS
are analyzed. This Notice announces the
beginning of scoping to seek public
input on issues and planning criteria.
The purpose of public scoping is to
determine relevant issues that will
influence the scope of the EA. The BLM
invites public participation and
comment on those issues, potential
impacts, and mitigation measures
associated with granting ROWs on
public lands for Segments 8 and 9 that
may not have been addressed in the
Final Supplemental EIS.
The BLM identified and analyzed the
following issues and concerns in the
Final Supplemental EIS for Segments 8
and 9 of the Project:
• Effects to the objects and values for
which the Morley Nelson Snake River
Birds of Prey National Conservation
Area (NCA) was designated;
• Land use conflicts and
inconsistency with land use plans;
• Effects of the project on local and
regional socioeconomic conditions;
• Effects on wildlife habitat, plants,
and animals, including threatened,
endangered, and sensitive species;
• Effects to visual resources and
existing view-sheds;
• Effects to historic and cultural
resources;
• Effects to Indian trust assets;
• Opportunities to apply mitigation
strategies for on-site, regional, and
compensatory mitigation; and
• Siting on private lands versus
public lands.
Planning criteria considered for the
plan amendments associated with each
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action alternative in the Supplemental
EIS include the following:
• NEPA;
• Existing laws, regulations, and BLM
policies;
• Plans, programs and policies of
other Federal, State, and local
governments, and Indian tribes;
• Public input;
• Future needs and demands for
existing or potential resource
commodities and values;
• Past and present use of public and
adjacent lands;
• Environmental impacts;
• Social and economic values;
• Public welfare and safety; and
• National energy policies and plans.
Land Use Plan Amendments
The Supplemental EIS identified 17
amendments to BLM land use plans
needed to authorize Alternative 1. The
January 2017 Decision approved two
amendments to the Twin Falls MFP and
one amendment to the Snake River
Birds of Prey RMP that would also be
necessary to authorize Alternative 1.
The January Decision set aside and,
remand notwithstanding, these
approved plan amendments remain in
effect. In addition, the Modification Act
superseded the need for seven plan
amendments to the Snake River Birds of
Prey RMP associated with Alternative 1
analyzed in the Supplemental EIS. As a
result, selecting Alternative 1 in a
Decision on reconsideration would
require seven plan amendments to three
current BLM land use plans, as follows:
• Kuna MFP;
• Bennett Hills/Timmerman Hills
MFP; and
• Jarbidge RMP (1987, for areas not
covered by the 2015 Jarbidge RMP).
In order to authorize Segment 8 in
Alternative 1, the Kuna MFP would
need an amendment to allow the
transmission line outside of existing
corridors. An amendment to the Bennett
Hills/Timmerman Hills MFP would be
needed to allow the route near
archeological sites and to change Visual
Resource Management (VRM) classes.
The 1987 Jarbidge RMP would need
amendments to change VRM Classes,
allow crossing of the Oregon National
Historic Trail, and change a utility
avoidance/restricted area designation.
In order to authorize Segment 9 in
this alternative, the 1987 Jarbidge RMP
would need an amendment to change
VRM Class II to VRM Class III for areas
still managed under that plan.
The route pairing identified in the
Supplemental EIS as Alternative 5
(Route 8G and Route 9K) was selected
in the January Decision. The January 19,
2017, ROD approved one amendment to
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the Bruneau MFP, two amendments to
the Twin Falls MFP, and one
amendment to the Snake River Birds of
Prey RMP needed to grant a ROW for
Alternative 5. These plan amendments
remain in effect. The alignment pairing
in this alternative does not connect with
the ROW the BLM plans to issue
pursuant to the Modification Act.
Mitigation
The Final Supplemental EIS presents
a framework the BLM has developed in
cooperation with the Proponents for
assessing compensatory mitigation
under FLPMA and for implementing
NEPA regulations on mitigating projectrelated impacts to National Historic
Trails; cultural resources; wetlands; and
resources, objects, and values in the
NCA. The framework discusses
avoidance, minimization, and
compensation measures that would be
required under each alternative
analyzed in the Supplemental EIS. The
Modification Act directs
implementation of this framework
during construction of each respective
project segment (Sec. 2(c)(A)). Impacts
to Greater sage-grouse and migratory
birds are addressed in the 2013 Final
EIS for the entire, 10-segment project
and in the corresponding 2013 ROD.
The Supplemental EIS develops further
mitigation measures for indirect effects
to Greater sage-grouse.
You may submit comments in writing
to the BLM using one of the methods
listed in the ADDRESSES section above,
according to the time frame named in
the DATES section above. We will
provide additional opportunities for
public participation as appropriate.
During the Supplemental EIS process,
the BLM coordinated through the NEPA
scoping process and comment period to
help fulfill the public involvement
requirements under the National
Historic Preservation Act (54 U.S.C.
306108) as provided in 36 CFR
800.2(d)(3). Any additional information
about historic and cultural resources
within the area potentially affected by
the proposed action, but not available
during preparation of the Supplemental
EIS, will assist the BLM in identifying
and evaluating impacts to such
resources during preparation of the EA.
During preparation of the
Supplemental EIS, the BLM consulted
with Indian tribes on a Government-toGovernment basis in accordance with
Executive Order 13175 and other
policies, and will continue such
consultations during preparation of the
EA. Tribal concerns, including impacts
on Indian trust assets and potential
impacts to cultural resources, will be
given due consideration. Federal, State,
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Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices
and local agencies, along with Tribes
and other stakeholders who may be
interested in or affected by the proposed
action that the BLM is evaluating, are
invited to participate in the scoping
process and, if eligible, may request or
be requested by the BLM to participate
in the development of the EA as a
Cooperating Agency.
The BLM will provide a public
comment period for the Draft RMP
Amendment(s)/EA. The BLM will
continue to work collaboratively with
interested parties to identify the
amendments and selected route that are
best suited to local, regional, and
national needs and concerns.
The BLM used an interdisciplinary
approach to select an alternative from
the Supplemental EIS to respond to the
ROW application, and will continue this
approach in reconsidering the January
19, 2017, Decision.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: 40 CFR 1501.7 and 43 CFR
1610.2.
Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2017–18181 Filed 8–25–17; 8:45 am]
BILLING CODE 4310–GG–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–NAGPRA–NPS0023877;
PPWOCRADN0–PCU00RP14.R50000]
Notice of Intent to Repatriate Cultural
Items: Brooklyn Museum, Brooklyn,
NY
National Park Service, Interior.
Notice.
AGENCY:
ACTION:
The Brooklyn Museum, in
consultation with the appropriate
Indian Tribe, has determined that the
cultural item listed in this notice meets
the definition of sacred object and object
of cultural patrimony. Lineal
descendants or representatives of any
Indian Tribe not identified in this notice
that wish to claim this cultural item
should submit a written request to the
Brooklyn Museum. If no additional
claimants come forward, transfer of
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
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control of the cultural item to the Indian
Tribe stated in this notice may proceed.
DATES: Lineal descendants or
representatives of any Indian Tribe not
identified in this notice that wish to
claim this cultural item should submit
a written request with information in
support of the claim to the Brooklyn
Museum at the address in this notice by
September 27, 2017.
ADDRESSES: Nancy Rosoff, Andrew W.
Mellon Senior Curator, Arts of the
Americas, Brooklyn Museum, 200
Eastern Parkway, Brooklyn, NY 11238,
telephone (718) 501–6283,
nancy.rosoff@brooklynmuseum.org.
SUPPLEMENTARY INFORMATION: Notice is
here given in accordance with the
Native American Graves Protection and
Repatriation Act (NAGPRA), 25 U.S.C.
3005, of the intent to repatriate a
cultural item under the control of the
Brooklyn Museum, Brooklyn, NY, that
meets the definition of sacred object and
object of cultural patrimony under 25
U.S.C. 3001.
This notice is published as part of the
National Park Service’s administrative
responsibilities under NAGPRA, 25
U.S.C. 3003(d)(3). The determinations in
this notice are the sole responsibility of
the museum that has control of the
Native American cultural item. The
National Park Service is not responsible
for the determinations in this notice.
History and Description of the Cultural
Item
On August 7, 1905, Stewart Culin, the
Brooklyn Museum’s Curator of
Ethnology (1903–1929) purchased a
woman’s dance skirt from Brouse
Brizard in Arcata, Humboldt County,
CA. Culin purchased the skirt at
Brizard’s home, not in his Arcata store.
Following Culin’s purchase of the skirt,
it was brought to the Brooklyn Museum
where it was accessioned as Hupa and
given the accession number
06.331.7923. This woman’s dance skirt
has been identified as Wiyot and as a
sacred object and object of cultural
patrimony.
Museum records and information
provided during consultation with
Wiyot representatives indicate that the
skirt is culturally affiliated with the
Wiyot Tribe of northwestern California.
The skirt is identified as Wiyot based
upon its physical appearance and
construction. It is made of deer hide and
adorned with abalone shell, clam shell,
copper, bear grass, maidenhair fern, iris
fibers, and glass beads. While most
abalone shell is a dull grey or white on
the outside, the cut shell pieces on the
Brooklyn Museum skirt are red, which
means that they are from red abalone, an
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identification that relates to the Wiyot
story of Abalone Woman, whose drops
of blood created the red-shelled abalone.
The story explains why red abalone is
only found along the shores of Wiyot
territory, and therefore is used in the
making of Wiyot regalia.
Tribal representatives also identified
the skirt as a ceremonial garment worn
by Wiyot women during the Brush
Dance, which is held during the annual
World Renewal Ceremony in winter or
early spring. As such, it is considered
sacred, and an inalienable ceremonial
object, which was obtained without the
consent of an appropriate Wiyot
authority. The Wiyot maintain that
Brouse Brizard was not the rightful
owner of the garment because Wiyot law
prohibits the sale of ceremonial items.
The circumstances in which sacred
and ceremonial objects were separated
from the Wiyot people can be explained
by their history. In 1860, Wiyot life in
their traditional homeland was violently
interrupted by the nighttime massacre of
as many as 250 women, children and
elders, probably by gold prospectors.
The massacre resulted in survivors
fleeing Wiyot territory and ultimately
seeking protection among their Hupa
and Yurok neighbors. During a lengthy
period when the Wiyot were refugees,
ceremonial life was curtailed. In 1981,
the Wiyot Tribe received federal
recognition and, in 1991, they were
moved to the Table Bluff Reservation.
Slowly they have been buying back
lands that were originally part of their
traditional territory. Today the Wiyot
Tribe has approximately 650 enrolled
members. It has a language
revitalization program, and an active
repatriation program to bring cultural
heritage objects back home. In 2014,
after the industrial contamination of
their sacred site on Indian Island was
cleaned up, the Wiyot held their first
World Renewal Ceremonial in over 150
years.
Determinations Made by the Brooklyn
Museum
Officials of the Brooklyn Museum
have determined that:
• Pursuant to 25 U.S.C. 3001(3)(C),
the one cultural item described above is
a specific ceremonial object needed by
traditional Native American religious
leaders for the practice of traditional
Native American religions by their
present-day adherents.
• Pursuant to 25 U.S.C. 3001(3)(D),
the one cultural item described above
has ongoing historical, traditional, or
cultural importance central to the
Native American group or culture itself,
rather than property owned by an
individual.
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]]>Agencies
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Notices]
[Pages 40797-40799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18181]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[16XL LLWY9200000.L51010000.ER0000.LVRWK09K0990.241A.0 4500106832]
Notice of Intent To Prepare an Environmental Assessment To
Reconsider the January 19, 2017, Record of Decision Approving Segments
8 and 9 for the Gateway West Transmission Line Project, Idaho
AGENCY: Bureau of Land Management, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the National Environmental Policy Act of
1969, as amended (NEPA), and the Federal Land Policy and Management Act
of 1976, as amended (FLPMA), and the Morley Nelson Snake River Birds of
Prey National Conservation Area (NCA) Boundary Modification Act of 2017
(Modification Act), the Bureau of Land Management (BLM) is
reconsidering the decision to approve a Right-of-Way (ROW) application
for Segments 8 and 9 of the Gateway West 500-kilovolt (kV) Transmission
Line Project (Project). By this Notice the BLM announces the beginning
of scoping to solicit public comments and identify issues associated
with such reconsideration, including the potential amendment of several
Resource Management Plans (RMPs) and Management Framework Plans (MFPs)
in the project area. The BLM analyzed the impacts of the alternative
that it is reconsidering in the 2016 Gateway West Final Supplemental
Environmental Impact Statement (EIS). The BLM will prepare an
Environmental Assessment (EA) to reconsider the January 19, 2017
Decision, including the land use plan amendments associated with a
specific action alternative identified in the Supplemental EIS.
DATES: Comments on issues may be submitted in writing until September
27, 2017. In order to be included in the analysis, all comments must be
postmarked prior to the close of the 30-day scoping period.
ADDRESSES: You may submit comments on issues and planning criteria
related to this EA by any of the following methods:
Web site: https://www.blm.gov/gatewaywest
Email: blm_id_gateway_west@blm.gov
Fax: 208-384-3326
Mail: BLM Boise District Office, 3948 Development Ave., Boise,
ID 83705
Documents pertinent to this proposal may be examined at the BLM
Boise District Office, 3948 Development Ave,, Boise, ID 83705.
FOR FURTHER INFORMATION: Contact Courtney Busse by calling 208-373-3872
or emailing at cbusse@blm.gov. You can also contact Ms. Busse to have
your name added to the BLM mailing list for the Project. Persons who
use a telecommunications device for the deaf (TDD) may call the Federal
Relay Service (FRS) at 1-800-877-8339 to contact Ms. Busse. The FRS is
available 24 hours a day, 7 days a week, to leave a message or question
with Ms. Busse. You will receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: PacifiCorp, dba Rocky Mountain Power, and
Idaho Power (Proponents) submitted an initial ROW application under
FLPMA in 2007 to locate 500-kV electric transmission lines on Federal
lands as part of the Project. The original Project comprised 10
transmission line segments originating at the Windstar Substation near
Glenrock, Wyoming, and terminating at the Hemingway Substation near
Melba, Idaho.
After completing NEPA analysis in an EIS, the BLM issued a Record
of Decision (ROD) in November 2013 that authorized routes and
associated land use plan amendments on Federal lands for Segments 1
through 7, and Segment 10, but the BLM deferred a Decision for Segments
8 and 9 in southwestern Idaho.
In August 2014, the BLM received from the Proponents a revised ROW
application for Segments 8 and 9 and a revised Plan of Development for
the Project, which the BLM determined required additional NEPA analysis
through a Supplemental EIS. On October 7, 2016, the BLM released a
Final Supplemental EIS that analyzed seven alternative ROW routes for
Segments 8 and 9 and the land use plan amendments needed to accommodate
each alternative route pair. The BLM issued a ROD on January 19, 2017,
selecting the route described as Alternative 5 in the Final
Supplemental EIS.
Following the Decision, several environmental organizations, the
State of Idaho, and Owyhee County, Idaho, appealed the ROW Decision to
the Interior Board of Land Appeals (IBLA). In a letter to the Secretary
of the Interior, the Governor of Idaho requested that the BLM
reconsider the January 19, 2017, Decision and select an alternative
with fewer impacts to State and county resources and communities. The
Proponents also requested that the BLM reconsider the January Decision
and possibly select the alternative proposed in their revised
application, as more cost-effective and providing greater system
reliability. On April 18, 2017, the IBLA granted BLM's Motion to Remand
the January 19, 2017, Decision for reconsideration. The BLM's Motion
was unopposed.
On May 4, 2017, Congress passed the Consolidated Appropriations
Act, 2017 (H.R. 244), which incorporated the Morley Nelson Snake River
Birds of Prey NCA Boundary Modification Act (Modification Act) by
reference (Division G, Title IV, Sec. 431(a)).
The President signed the Appropriations Act into law on May 5,
2017. The Modification Act directed the BLM to issue a ROW grant for
the lands described in Sec. (b)(2) of the Modification Act for portions
of Gateway West Segments 8 and 9, which represent the portions of
Alternative 1 from the Final Supplemental EIS within the boundaries of
the NCA. The Modification Act also removed the lands for this ROW from
NCA status and stipulated that the mitigation framework presented in
the Final Supplemental EIS will apply to the authorized segments. The
Modification Act (Sec. (c)(1)) requires the BLM to issue the ROW (that
portion in the NCA) within 90 days of the enactment of the
Appropriations Act, or by August 2, 2017.
In light of the Modification Act's non-discretionary direction to
issue the statutory ROW, the BLM's reconsideration of the January 19,
2017, Decision will consider the alternative(s) from the Supplemental
EIS that align with the statutory ROW, so as to meet the agency's
purpose and need for action, i.e., to respond to the Proponents' ROW
application and the direction of the Modification Act, and the no-
action alternative.
Because the route pairing described as Alternative 1 (routes
described as Revised Proposed 8 and Revised Proposed 9) in the
Supplemental EIS is the only alternative that meets these criteria, it
will be analyzed as the action alternative for reconsideration.
Furthermore, because the statutory ROW directed the BLM to issue a
ROW grant for certain portions of the routes within the NCA boundaries
previously analyzed in Alternative 1 in the Supplemental EIS, the EA
and
[[Page 40798]]
subsequent decision will address only public lands identified with
Alternative 1 which lie outside the NCA boundaries that existed when
the Final Supplemental EIS was published (October 7, 2016, 81 FR
69845). In the EA, the BLM plans to rely on the Supplemental EIS and
the 2013 Final EIS for both the ROW alternatives for Segments 8 and 9
and the corresponding land use plan amendments necessary to support the
alternative.
Because the potential selection of a different ROW alternative
would require a new decision for corresponding land use plan
amendments, the BLM must ensure that it is satisfying the land use plan
amendment requirements set forth in 43 CFR part 1600. The BLM is
preparing an EA to inform reconsideration of the January 19, 2017,
Decision and meet the regulatory requirements for amending land use
plans, including public participation opportunities, and to ensure that
any new information regarding the alternatives presented in the
Supplemental EIS and 2013 Final EIS are analyzed. This Notice announces
the beginning of scoping to seek public input on issues and planning
criteria.
The purpose of public scoping is to determine relevant issues that
will influence the scope of the EA. The BLM invites public
participation and comment on those issues, potential impacts, and
mitigation measures associated with granting ROWs on public lands for
Segments 8 and 9 that may not have been addressed in the Final
Supplemental EIS.
The BLM identified and analyzed the following issues and concerns
in the Final Supplemental EIS for Segments 8 and 9 of the Project:
Effects to the objects and values for which the Morley
Nelson Snake River Birds of Prey National Conservation Area (NCA) was
designated;
Land use conflicts and inconsistency with land use plans;
Effects of the project on local and regional socioeconomic
conditions;
Effects on wildlife habitat, plants, and animals,
including threatened, endangered, and sensitive species;
Effects to visual resources and existing view-sheds;
Effects to historic and cultural resources;
Effects to Indian trust assets;
Opportunities to apply mitigation strategies for on-site,
regional, and compensatory mitigation; and
Siting on private lands versus public lands.
Planning criteria considered for the plan amendments associated
with each action alternative in the Supplemental EIS include the
following:
NEPA;
Existing laws, regulations, and BLM policies;
Plans, programs and policies of other Federal, State, and
local governments, and Indian tribes;
Public input;
Future needs and demands for existing or potential
resource commodities and values;
Past and present use of public and adjacent lands;
Environmental impacts;
Social and economic values;
Public welfare and safety; and
National energy policies and plans.
Land Use Plan Amendments
The Supplemental EIS identified 17 amendments to BLM land use plans
needed to authorize Alternative 1. The January 2017 Decision approved
two amendments to the Twin Falls MFP and one amendment to the Snake
River Birds of Prey RMP that would also be necessary to authorize
Alternative 1. The January Decision set aside and, remand
notwithstanding, these approved plan amendments remain in effect. In
addition, the Modification Act superseded the need for seven plan
amendments to the Snake River Birds of Prey RMP associated with
Alternative 1 analyzed in the Supplemental EIS. As a result, selecting
Alternative 1 in a Decision on reconsideration would require seven plan
amendments to three current BLM land use plans, as follows:
Kuna MFP;
Bennett Hills/Timmerman Hills MFP; and
Jarbidge RMP (1987, for areas not covered by the 2015
Jarbidge RMP).
In order to authorize Segment 8 in Alternative 1, the Kuna MFP
would need an amendment to allow the transmission line outside of
existing corridors. An amendment to the Bennett Hills/Timmerman Hills
MFP would be needed to allow the route near archeological sites and to
change Visual Resource Management (VRM) classes. The 1987 Jarbidge RMP
would need amendments to change VRM Classes, allow crossing of the
Oregon National Historic Trail, and change a utility avoidance/
restricted area designation.
In order to authorize Segment 9 in this alternative, the 1987
Jarbidge RMP would need an amendment to change VRM Class II to VRM
Class III for areas still managed under that plan.
The route pairing identified in the Supplemental EIS as Alternative
5 (Route 8G and Route 9K) was selected in the January Decision. The
January 19, 2017, ROD approved one amendment to the Bruneau MFP, two
amendments to the Twin Falls MFP, and one amendment to the Snake River
Birds of Prey RMP needed to grant a ROW for Alternative 5. These plan
amendments remain in effect. The alignment pairing in this alternative
does not connect with the ROW the BLM plans to issue pursuant to the
Modification Act.
Mitigation
The Final Supplemental EIS presents a framework the BLM has
developed in cooperation with the Proponents for assessing compensatory
mitigation under FLPMA and for implementing NEPA regulations on
mitigating project-related impacts to National Historic Trails;
cultural resources; wetlands; and resources, objects, and values in the
NCA. The framework discusses avoidance, minimization, and compensation
measures that would be required under each alternative analyzed in the
Supplemental EIS. The Modification Act directs implementation of this
framework during construction of each respective project segment (Sec.
2(c)(A)). Impacts to Greater sage-grouse and migratory birds are
addressed in the 2013 Final EIS for the entire, 10-segment project and
in the corresponding 2013 ROD. The Supplemental EIS develops further
mitigation measures for indirect effects to Greater sage-grouse.
You may submit comments in writing to the BLM using one of the
methods listed in the ADDRESSES section above, according to the time
frame named in the DATES section above. We will provide additional
opportunities for public participation as appropriate.
During the Supplemental EIS process, the BLM coordinated through
the NEPA scoping process and comment period to help fulfill the public
involvement requirements under the National Historic Preservation Act
(54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3). Any additional
information about historic and cultural resources within the area
potentially affected by the proposed action, but not available during
preparation of the Supplemental EIS, will assist the BLM in identifying
and evaluating impacts to such resources during preparation of the EA.
During preparation of the Supplemental EIS, the BLM consulted with
Indian tribes on a Government-to-Government basis in accordance with
Executive Order 13175 and other policies, and will continue such
consultations during preparation of the EA. Tribal concerns, including
impacts on Indian trust assets and potential impacts to cultural
resources, will be given due consideration. Federal, State,
[[Page 40799]]
and local agencies, along with Tribes and other stakeholders who may be
interested in or affected by the proposed action that the BLM is
evaluating, are invited to participate in the scoping process and, if
eligible, may request or be requested by the BLM to participate in the
development of the EA as a Cooperating Agency.
The BLM will provide a public comment period for the Draft RMP
Amendment(s)/EA. The BLM will continue to work collaboratively with
interested parties to identify the amendments and selected route that
are best suited to local, regional, and national needs and concerns.
The BLM used an interdisciplinary approach to select an alternative
from the Supplemental EIS to respond to the ROW application, and will
continue this approach in reconsidering the January 19, 2017, Decision.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority: 40 CFR 1501.7 and 43 CFR 1610.2.
Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2017-18181 Filed 8-25-17; 8:45 am]
BILLING CODE 4310-GG-P
