Notice of Intent To Prepare a Supplemental Environmental Impact Statement for a Potential Land Exchange Involving Izembek National Wildlife Refuge Lands, 31813-31815 [2023-10621]
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
Next Steps
If we decide to issue a permit to an
applicant listed in this notice, we will
publish a notice in the Federal Register.
Authority
We publish this notice under section
10(c) of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
John Tirpak,
Deputy Assistant Regional Director,
Ecological Services, Southeast Region.
[FR Doc. 2023–10647 Filed 5–17–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R7–NWRS–2023–0072]
Notice of Intent To Prepare a
Supplemental Environmental Impact
Statement for a Potential Land
Exchange Involving Izembek National
Wildlife Refuge Lands
Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended, and the Alaska
National Interest Lands Conservation
Act of 1980, as amended, along with
other laws as applicable, the U.S. Fish
and Wildlife Service (FWS) intends to
prepare a supplemental environmental
impact statement (supplemental EIS) to
consider the effects of a potential land
exchange of certain lands owned by the
King Cove Corporation and/or the State
of Alaska with certain lands owned by
the U.S. Government. King Cove would
use the acquired land for a road corridor
for noncommercial use through the
Izembek National Wildlife Refuge and
the Izembek Wilderness Area. We
furnish this notice to advise the public
and other agencies of our intentions and
to seek information and suggestions on
the scope of issues to be addressed in
the supplemental EIS. In particular, we
will update information used in the
2013 analysis on the impacts of a thenproposed exchange and road corridor
and the viability of alternatives to
provide safe and reliable transportation
between the City of King Cove, Alaska,
and the airport at Cold Bay, Alaska.
DATES: This notice initiates the public
scoping process for the supplemental
EIS. The FWS must receive any public
comments concerning the scope of the
analysis, potential alternatives, and
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SUMMARY:
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identification of relevant information
and studies no later than June 20, 2023.
ADDRESSES:
Obtaining documents: To inform
public comment, we are making FWS’s
2013 EIS and ROD documents available
for review at https://
www.regulations.gov in Docket No.
FWS–R7–NWRS–2023–0072. In
addition, any comments and other
materials that we receive will be
available for public inspection online at
that site.
Submitting public comments: You
may submit comments related to the
potential Izembek land exchange and
other potential transportation solutions
by any of the following methods:
• Online: https://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–R7–NWRS–2023–
0072.
• U.S. mail: Public Comments
Processing, Attn: Docket No. FWS–R7–
NWRS–2023–0072; U.S. Fish and
Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041–
3803.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Review Process, below, for more
information).
FOR FURTHER INFORMATION CONTACT:
Shane Walker, Branch Chief of
Conservation Planning and Policy, by
telephone at 907–226–4626; by email at
shane_walker@fws.gov; or via U.S. mail
at U.S. Fish & Wildlife Service, Alaska
Region, National Wildlife Refuge
System, 95 Sterling Highway, Suite 1,
Homer, AK 99603. Contact Shane
Walker to have your name added to our
mailing list. Individuals in the United
States who are deaf, deafblind, hard of
hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to
access telecommunications relay
services. Individuals outside the United
States should use the relay services
offered within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: The
Izembek National Wildlife Refuge
(417,533 acres (ac)) and the North Creek
(8,452 ac) and Pavlof (1,447,264 ac)
units of the Alaska Peninsula National
Wildlife Refuge are located at the
westernmost tip of the Alaska
Peninsula. The 1,008,697-ac Unimak
Island (the easternmost Aleutian Island
of the Alaska Maritime National
Wildlife Refuge) lies across the Isanotski
Strait. To the north of the Izembek
Refuge is the Bering Sea; to the south is
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31813
the Pacific Ocean. The Izembek
Wilderness covers much of the Izembek
National Wildlife Refuge and includes
pristine streams, extensive wetlands,
steep mountains, tundra, and sand
dunes, and provides high scenic,
wildlife, and scientific values, as well as
opportunities for solitude and
recreation. The Izembek National
Wildlife Refuge includes the traditional
homelands of the of the Unangaxˆ
people.
The King Cove Corporation is an
Alaska Native Village Corporation
established under the Alaska Native
Claims Settlement Act of 1971 (ANCSA;
43 U.S.C. 1601 et seq.). Under the
authority of ANCSA, Congress granted
to King Cove Corporation land
entitlements within and adjacent to
Izembek Refuge. The State of Alaska
also owns lands, submerged lands,
shorelands, and tidelands within and
adjacent to Izembek and Alaska
Peninsula Refuges, including the
Izembek State Game Refuge.
The Alaska Maritime National
Wildlife Refuge stretches from the
Arctic Ocean to the southeast panhandle
of Alaska and protects breeding habitat
for seabirds, marine mammals, and
other wildlife on more than 2,500
islands, spires, rocks, and coastal
headlands. Sitkinak Island, which lies
within the boundaries of the Alaska
Maritime National Wildlife Refuge, is
primarily owned by the State of Alaska,
with two parcels owned by the Service.
In the Omnibus Public Land
Management Act of 2009 (Pub. L. 111–
11, title VI, subtitle E (‘‘the 2009 Act’’),
Congress directed FWS to prepare an
EIS under the National Environmental
Policy Act of 1969, as amended (42
U.S.C. 4321 et seq.), and its
implementing regulations (40 CFR parts
1500–1508) to evaluate the impacts of a
proposed land exchange with the State
of Alaska and the King Cove
Corporation for the purpose of
constructing a single-lane gravel road
between the communities of King Cove
and Cold Bay, Alaska. The 2009 Act
required that the road ‘‘shall be used
primarily for health and safety purposes
(including access to and from the Cold
Bay Airport) and only for
noncommercial purposes,’’ with limited
exceptions. The land exchange
contemplated by the 2009 Act would
have involved the removal of
approximately 206 ac within the
Izembek Wilderness portion of Izembek
National Wildlife Refuge for the road
corridor and approximately 1,600 ac of
Federal land within the Alaska
Maritime National Wildlife Refuge on
Sitkinak Island. In exchange, the FWS
would have received approximately
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
43,093 ac of land owned by the State of
Alaska and approximately 13,300 ac of
land owned by the King Cove
Corporation.
These lands are located around Cold
Bay and are adjacent to the North Creek
Unit of the Alaska Peninsula National
Wildlife Refuge.
In accordance with section
6402(b)(2)(B) of the 2009 Act, an EIS
completed in 2013 (2013 EIS; February
6, 2013, 78 FR 8577) analyzed the
proposed land exchange and the
potential construction and operation of
a road between the communities of King
Cove and Cold Bay, Alaska, and, among
other alternatives, evaluated a specific
road corridor through the Izembek
Refuge that was identified in
consultation with the State of Alaska,
the City of King Cove, and the Agdaagux
Tribe of King Cove. In accordance with
the 2009 Act, subsequent to the
preparation of the EIS and in
conjunction with the 2013 record of
decision (2013 ROD; February 20, 2014,
79 FR 9759), Secretary of the Interior
Sally Jewell decided not to enter a land
exchange after determining the land
exchange (including the construction of
the proposed road) was not in the public
interest.
On July 3, 2019, Secretary of the
Interior David Bernhardt signed a
memorandum titled ‘‘Findings and
Conclusions Concerning a Proposed
Land Exchange Between the Secretary of
the Interior and King Cove Corporation
for Lands Within Izembek National
Wildlife Refuge, Alaska’’ (2019
Secretarial Memorandum). That
memorandum laid the foundation for
the concurrent approval of a land
exchange agreement (2019 Exchange
Agreement) between the Department of
the Interior and King Cove Corporation.
The 2019 Secretarial Memorandum
stated that the purpose of the 2019
Exchange Agreement was to allow a
road across the Izembek National
Wildlife Refuge to improve access by
the residents of King Cove to the airport
at Cold Bay. Since the authorities under
the 2009 Act had expired, the 2019
Exchange Agreement relied on the
general exchange authority found at in
section 1302(h) of the Alaska National
Interest Lands Conservation Act of 1980
(Pub. L. 96–487, sec. 1302(h), Dec. 2,
1980; 16 U.S.C. 3192(h)). However, the
2019 Exchange Agreement relied in
large part on the record developed for
the exchange analyzed under the 2013
EIS and rejected by Secretary Jewell in
the 2013 ROD.
On June 1, 2020, the District Court for
the District of Alaska vacated the 2019
Exchange Agreement. The vacatur order,
which remains in effect, was based on
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several legal defects in the decision,
including the district court’s conclusion
that Secretary Bernhardt failed to
properly justify the change in policy
and his rejection of Secretary Jewell’s
prior conclusions. The district court did
not rule on claims that Secretary
Bernhardt’s 2019 decision violated the
National Environmental Policy Act
(NEPA) or the Endangered Species Act
(ESA; 16 U.S.C. 1531 et seq.) Therefore,
those claims are pending and have not
yet been addressed. Review of the
district court’s judgment is pending
before an en banc panel of the Ninth
Circuit Court of Appeals.
On March 14, 2023, Secretary of the
Interior Deb Haaland issued a new
decision memorandum withdrawing the
Department from the 2019 Exchange
Agreement between the Secretary of the
Interior and King Cove Corporation.
That decision memorandum identified
concerns with analysis of the 2019
Exchange Agreement’s potential impacts
on subsistence uses and needs, and
highlighted shortcomings in the record
regarding NEPA and ESA analyses. In
addition, the Secretary expressed
significant policy concerns regarding
the nonpublic manner in which the
2019 Exchange Agreement was
accomplished, as well as the terms of
the exchange agreement, which differed
from the exchange evaluated in the 2013
EIS.
While the authorities in the 2009 Act
remain expired, the FWS will prepare a
supplemental EIS to address an
exchange under section 1302(h) of
ANILCA or under other authorities, as
applicable. The FWS’s supplemental
EIS analysis will focus on thoroughly
assessing the impacts of the potential
exchange and road, allowing for public
participation, and integrating the NEPA
analysis with an evaluation under
ANILCA section 810. The FWS will also
use and coordinate the NEPA process to
help inform the Department with
respect to compliance with the National
Historic Preservation Act section 106
(54 U.S.C. 306108), the ESA, ANILCA
(including any land exchange’s
furtherance of the statute’s conservation
and subsistence purposes), ANCSA (43
U.S.C. 1601 et seq.), the National
Wildlife Refuge System Improvement
Act of 1997 (16 U.S.C. 668dd), and the
Wilderness Act of 1964 (16 U.S.C. 1131
et seq.).
Potential action alternatives under
consideration at this time include one or
more of the action alternatives from the
2013 EIS addressing the proposed land
exchange and road construction and
operation as outlined in the 2009 Act,
one or more of the action alternatives
from the 2013 EIS addressing other
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transportation alternatives, and a new
alternative for the terms of the proposed
land exchange for a road corridor
approved in 2019.
Public Review Process
Request for Public Comments
The FWS is seeking public comments
on issues, concerns, potential impacts,
alternatives, and mitigation measures
that should be considered in the
analysis, particularly those not already
addressed in the 2013 EIS or in need of
updating. Additional opportunities for
public participation, including a public
comment period of at least 45 days, will
be provided upon publication of the
draft supplemental EIS.
It is important that commenters
provide their comments at such times
and in such manner that they are useful
to the agency’s preparation of the
supplemental EIS. Therefore, comments
should be received prior to the close of
the comment period and should clearly
articulate the commenters’ concerns.
Public Availability of Comments
You may submit written comments
and materials concerning this proposed
rule by one of the methods listed in
ADDRESSES. Comments submitted
anonymously will be accepted and
considered.
If you submit a comment via https://
www.regulations.gov, your entire
comment, including any personal
identifying information such as your
address, phone number, and email
address, will be posted on the website.
If you submit a hardcopy comment
that includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
However, we cannot guarantee that we
will be able to do so. We will post all
hardcopy comments on https://
www.regulations.gov.
Tribal Consultation and Comment
The meaningful input of Alaska
Native Tribes and Alaska Native
Corporations is of critical importance to
this supplemental EIS. Therefore, and as
expressed in Executive Order 13175,
‘‘Consultation and Coordination with
Indian Tribal Governments,’’ the
Federal officials that have been
delegated authority by the Secretary are
committed to honoring the unique
government-to-government political
relationship that exists between the
Federal Government and federally
recognized Tribes (Tribes). Consultation
with Alaska Native Corporations is
based on Public Law 108–199, div. H,
sec. 161, January 23, 2004, 118 Stat. 452,
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
as amended by Public Law 108–447,
div. H, title V, sec. 518, December 8,
2004, 118 Stat. 3267, which provides
that: ‘‘The Director of the Office of
Management and Budget and all Federal
agencies shall hereafter consult with
Alaska Native corporations on the same
basis as Indian Tribes under Executive
Order No. 13175.’’ The FWS will hold
individual consultation meetings upon
request. The Secretary will consider
Alaska Native Tribes’ and Alaska Native
Corporations’ information, input, and
recommendations, and address their
concerns as much as practicable.
Reasonable Accommodations
The Department is committed to
providing access to this process for all
participants. For more information, see
FOR FURTHER INFORMATION CONTACT.
Signing Authority
Shannon A. Estenoz, Assistant
Secretary for Fish and Wildlife and
Parks, approved this action on May 15,
2023, for publication. On May 15, 2023,
Shannon A. Estenoz authorized the
undersigned to sign the document
electronically and submit it to the Office
of the Federal Register for publication as
an official document of the U.S. Fish
and Wildlife Service.
Maureen D. Foster,
Chief of Staff, Office of the Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2023–10621 Filed 5–17–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R1–ES–2023–N036;
FXES11130100000–234–FF01E00000]
Endangered Species; Receipt of
Recovery Permit Applications
Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of permit
applications; request for comments.
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AGENCY:
We, the U.S. Fish and
Wildlife Service, have received
applications for permits to conduct
activities intended to enhance the
propagation and survival of endangered
species under the Endangered Species
Act. We invite the public and local,
State, Tribal, and Federal agencies to
comment on these applications. Before
issuing the requested permits, we will
take into consideration any information
that we receive during the public
comment period.
DATES: We must receive your written
comments on or before June 20, 2023.
ADDRESSES:
Document availability and comment
submission: Submit a request for a copy
of the application and related
documents and submit any comments
by one of the following methods. All
requests and comments should specify
the applicant name and application
number (e.g., Dana Ross, ES001705):
• Email: permitsR1ES@fws.gov.
• U.S. Mail: Marilet Zablan, Regional
Program Manager, Restoration and
Endangered Species Classification,
Ecological Services, U.S. Fish and
Wildlife Service, Pacific Regional
Office, 911 NE 11th Avenue, Portland,
OR 97232–4181.
FOR FURTHER INFORMATION CONTACT:
Karen Colson, Regional Recovery Permit
Coordinator, Ecological Services, (503)
231–6283 (telephone); permitsR1ES@
fws.gov (email). Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: We, the
U.S. Fish and Wildlife Service, invite
the public to comment on applications
for permits under section 10(a)(1)(A) of
the Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.).
SUMMARY:
The requested permits would allow the
applicants to conduct activities
intended to promote recovery of species
that are listed as endangered under the
ESA.
Background
With some exceptions, the ESA
prohibits activities that constitute take
of listed species unless a Federal permit
is issued that allows such activity. The
ESA’s definition of ‘‘take’’ includes such
activities as pursuing, harassing,
trapping, capturing, or collecting, in
addition to hunting, shooting, harming,
wounding, or killing.
A recovery permit issued by us under
section 10(a)(1)(A) of the ESA
authorizes the permittee to conduct
activities with endangered or threatened
species for scientific purposes that
promote recovery or for enhancement of
propagation or survival of the species.
These activities often include such
prohibited actions as capture and
collection. Our regulations
implementing section 10(a)(1)(A) for
these permits are found in the Code of
Federal Regulations (CFR) at 50 CFR
17.22 for endangered wildlife species,
50 CFR 17.32 for threatened wildlife
species, 50 CFR 17.62 for endangered
plant species, and 50 CFR 17.72 for
threatened plant species.
Permit Applications Available for
Review and Comment
Proposed activities in the following
permit requests are for the recovery and
enhancement of propagation or survival
of the species in the wild. The ESA
requires that we invite public comment
before issuing these permits.
Accordingly, we invite local, State,
Tribal, and Federal agencies and the
public to submit written data, views, or
arguments with respect to these
applications. The comments and
recommendations that will be most
useful and likely to influence agency
decisions are those supported by
quantitative information or studies.
Application No.
Applicant, city,
state
Species
Location
Take activity
ES056557 ........
U.S. Bureau
of Reclamation, ID.
Snake River physa (Physa natricina) .................................
Idaho ..............
Harass by
survey, capture, mark,
transport,
release, and
collect
voucher
specimens..
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Permit action
Renew.
]]>Agencies
[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31813-31815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10621]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R7-NWRS-2023-0072]
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement for a Potential Land Exchange Involving Izembek National
Wildlife Refuge Lands
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended, and the Alaska National Interest Lands Conservation
Act of 1980, as amended, along with other laws as applicable, the U.S.
Fish and Wildlife Service (FWS) intends to prepare a supplemental
environmental impact statement (supplemental EIS) to consider the
effects of a potential land exchange of certain lands owned by the King
Cove Corporation and/or the State of Alaska with certain lands owned by
the U.S. Government. King Cove would use the acquired land for a road
corridor for noncommercial use through the Izembek National Wildlife
Refuge and the Izembek Wilderness Area. We furnish this notice to
advise the public and other agencies of our intentions and to seek
information and suggestions on the scope of issues to be addressed in
the supplemental EIS. In particular, we will update information used in
the 2013 analysis on the impacts of a then-proposed exchange and road
corridor and the viability of alternatives to provide safe and reliable
transportation between the City of King Cove, Alaska, and the airport
at Cold Bay, Alaska.
DATES: This notice initiates the public scoping process for the
supplemental EIS. The FWS must receive any public comments concerning
the scope of the analysis, potential alternatives, and identification
of relevant information and studies no later than June 20, 2023.
ADDRESSES:
Obtaining documents: To inform public comment, we are making FWS's
2013 EIS and ROD documents available for review at https://www.regulations.gov in Docket No. FWS-R7-NWRS-2023-0072. In addition,
any comments and other materials that we receive will be available for
public inspection online at that site.
Submitting public comments: You may submit comments related to the
potential Izembek land exchange and other potential transportation
solutions by any of the following methods:
Online: https://www.regulations.gov. Follow the
instructions for submitting comments on Docket No. FWS-R7-NWRS-2023-
0072.
U.S. mail: Public Comments Processing, Attn: Docket No.
FWS-R7-NWRS-2023-0072; U.S. Fish and Wildlife Service, MS: PRB/3W; 5275
Leesburg Pike; Falls Church, VA 22041-3803.
We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see Public Review Process, below, for more information).
FOR FURTHER INFORMATION CONTACT: Shane Walker, Branch Chief of
Conservation Planning and Policy, by telephone at 907-226-4626; by
email at [email protected]; or via U.S. mail at U.S. Fish & Wildlife
Service, Alaska Region, National Wildlife Refuge System, 95 Sterling
Highway, Suite 1, Homer, AK 99603. Contact Shane Walker to have your
name added to our mailing list. Individuals in the United States who
are deaf, deafblind, hard of hearing, or have a speech disability may
dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: The Izembek National Wildlife Refuge
(417,533 acres (ac)) and the North Creek (8,452 ac) and Pavlof
(1,447,264 ac) units of the Alaska Peninsula National Wildlife Refuge
are located at the westernmost tip of the Alaska Peninsula. The
1,008,697-ac Unimak Island (the easternmost Aleutian Island of the
Alaska Maritime National Wildlife Refuge) lies across the Isanotski
Strait. To the north of the Izembek Refuge is the Bering Sea; to the
south is the Pacific Ocean. The Izembek Wilderness covers much of the
Izembek National Wildlife Refuge and includes pristine streams,
extensive wetlands, steep mountains, tundra, and sand dunes, and
provides high scenic, wildlife, and scientific values, as well as
opportunities for solitude and recreation. The Izembek National
Wildlife Refuge includes the traditional homelands of the of the
Unangax people.
The King Cove Corporation is an Alaska Native Village Corporation
established under the Alaska Native Claims Settlement Act of 1971
(ANCSA; 43 U.S.C. 1601 et seq.). Under the authority of ANCSA, Congress
granted to King Cove Corporation land entitlements within and adjacent
to Izembek Refuge. The State of Alaska also owns lands, submerged
lands, shorelands, and tidelands within and adjacent to Izembek and
Alaska Peninsula Refuges, including the Izembek State Game Refuge.
The Alaska Maritime National Wildlife Refuge stretches from the
Arctic Ocean to the southeast panhandle of Alaska and protects breeding
habitat for seabirds, marine mammals, and other wildlife on more than
2,500 islands, spires, rocks, and coastal headlands. Sitkinak Island,
which lies within the boundaries of the Alaska Maritime National
Wildlife Refuge, is primarily owned by the State of Alaska, with two
parcels owned by the Service.
In the Omnibus Public Land Management Act of 2009 (Pub. L. 111-11,
title VI, subtitle E (``the 2009 Act''), Congress directed FWS to
prepare an EIS under the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), and its implementing regulations (40
CFR parts 1500-1508) to evaluate the impacts of a proposed land
exchange with the State of Alaska and the King Cove Corporation for the
purpose of constructing a single-lane gravel road between the
communities of King Cove and Cold Bay, Alaska. The 2009 Act required
that the road ``shall be used primarily for health and safety purposes
(including access to and from the Cold Bay Airport) and only for
noncommercial purposes,'' with limited exceptions. The land exchange
contemplated by the 2009 Act would have involved the removal of
approximately 206 ac within the Izembek Wilderness portion of Izembek
National Wildlife Refuge for the road corridor and approximately 1,600
ac of Federal land within the Alaska Maritime National Wildlife Refuge
on Sitkinak Island. In exchange, the FWS would have received
approximately
[[Page 31814]]
43,093 ac of land owned by the State of Alaska and approximately 13,300
ac of land owned by the King Cove Corporation.
These lands are located around Cold Bay and are adjacent to the
North Creek Unit of the Alaska Peninsula National Wildlife Refuge.
In accordance with section 6402(b)(2)(B) of the 2009 Act, an EIS
completed in 2013 (2013 EIS; February 6, 2013, 78 FR 8577) analyzed the
proposed land exchange and the potential construction and operation of
a road between the communities of King Cove and Cold Bay, Alaska, and,
among other alternatives, evaluated a specific road corridor through
the Izembek Refuge that was identified in consultation with the State
of Alaska, the City of King Cove, and the Agdaagux Tribe of King Cove.
In accordance with the 2009 Act, subsequent to the preparation of the
EIS and in conjunction with the 2013 record of decision (2013 ROD;
February 20, 2014, 79 FR 9759), Secretary of the Interior Sally Jewell
decided not to enter a land exchange after determining the land
exchange (including the construction of the proposed road) was not in
the public interest.
On July 3, 2019, Secretary of the Interior David Bernhardt signed a
memorandum titled ``Findings and Conclusions Concerning a Proposed Land
Exchange Between the Secretary of the Interior and King Cove
Corporation for Lands Within Izembek National Wildlife Refuge, Alaska''
(2019 Secretarial Memorandum). That memorandum laid the foundation for
the concurrent approval of a land exchange agreement (2019 Exchange
Agreement) between the Department of the Interior and King Cove
Corporation. The 2019 Secretarial Memorandum stated that the purpose of
the 2019 Exchange Agreement was to allow a road across the Izembek
National Wildlife Refuge to improve access by the residents of King
Cove to the airport at Cold Bay. Since the authorities under the 2009
Act had expired, the 2019 Exchange Agreement relied on the general
exchange authority found at in section 1302(h) of the Alaska National
Interest Lands Conservation Act of 1980 (Pub. L. 96-487, sec. 1302(h),
Dec. 2, 1980; 16 U.S.C. 3192(h)). However, the 2019 Exchange Agreement
relied in large part on the record developed for the exchange analyzed
under the 2013 EIS and rejected by Secretary Jewell in the 2013 ROD.
On June 1, 2020, the District Court for the District of Alaska
vacated the 2019 Exchange Agreement. The vacatur order, which remains
in effect, was based on several legal defects in the decision,
including the district court's conclusion that Secretary Bernhardt
failed to properly justify the change in policy and his rejection of
Secretary Jewell's prior conclusions. The district court did not rule
on claims that Secretary Bernhardt's 2019 decision violated the
National Environmental Policy Act (NEPA) or the Endangered Species Act
(ESA; 16 U.S.C. 1531 et seq.) Therefore, those claims are pending and
have not yet been addressed. Review of the district court's judgment is
pending before an en banc panel of the Ninth Circuit Court of Appeals.
On March 14, 2023, Secretary of the Interior Deb Haaland issued a
new decision memorandum withdrawing the Department from the 2019
Exchange Agreement between the Secretary of the Interior and King Cove
Corporation. That decision memorandum identified concerns with analysis
of the 2019 Exchange Agreement's potential impacts on subsistence uses
and needs, and highlighted shortcomings in the record regarding NEPA
and ESA analyses. In addition, the Secretary expressed significant
policy concerns regarding the nonpublic manner in which the 2019
Exchange Agreement was accomplished, as well as the terms of the
exchange agreement, which differed from the exchange evaluated in the
2013 EIS.
While the authorities in the 2009 Act remain expired, the FWS will
prepare a supplemental EIS to address an exchange under section 1302(h)
of ANILCA or under other authorities, as applicable. The FWS's
supplemental EIS analysis will focus on thoroughly assessing the
impacts of the potential exchange and road, allowing for public
participation, and integrating the NEPA analysis with an evaluation
under ANILCA section 810. The FWS will also use and coordinate the NEPA
process to help inform the Department with respect to compliance with
the National Historic Preservation Act section 106 (54 U.S.C. 306108),
the ESA, ANILCA (including any land exchange's furtherance of the
statute's conservation and subsistence purposes), ANCSA (43 U.S.C. 1601
et seq.), the National Wildlife Refuge System Improvement Act of 1997
(16 U.S.C. 668dd), and the Wilderness Act of 1964 (16 U.S.C. 1131 et
seq.).
Potential action alternatives under consideration at this time
include one or more of the action alternatives from the 2013 EIS
addressing the proposed land exchange and road construction and
operation as outlined in the 2009 Act, one or more of the action
alternatives from the 2013 EIS addressing other transportation
alternatives, and a new alternative for the terms of the proposed land
exchange for a road corridor approved in 2019.
Public Review Process
Request for Public Comments
The FWS is seeking public comments on issues, concerns, potential
impacts, alternatives, and mitigation measures that should be
considered in the analysis, particularly those not already addressed in
the 2013 EIS or in need of updating. Additional opportunities for
public participation, including a public comment period of at least 45
days, will be provided upon publication of the draft supplemental EIS.
It is important that commenters provide their comments at such
times and in such manner that they are useful to the agency's
preparation of the supplemental EIS. Therefore, comments should be
received prior to the close of the comment period and should clearly
articulate the commenters' concerns.
Public Availability of Comments
You may submit written comments and materials concerning this
proposed rule by one of the methods listed in ADDRESSES. Comments
submitted anonymously will be accepted and considered.
If you submit a comment via https://www.regulations.gov, your
entire comment, including any personal identifying information such as
your address, phone number, and email address, will be posted on the
website.
If you submit a hardcopy comment that includes personal identifying
information, you may request at the top of your document that we
withhold this information from public review. However, we cannot
guarantee that we will be able to do so. We will post all hardcopy
comments on https://www.regulations.gov.
Tribal Consultation and Comment
The meaningful input of Alaska Native Tribes and Alaska Native
Corporations is of critical importance to this supplemental EIS.
Therefore, and as expressed in Executive Order 13175, ``Consultation
and Coordination with Indian Tribal Governments,'' the Federal
officials that have been delegated authority by the Secretary are
committed to honoring the unique government-to-government political
relationship that exists between the Federal Government and federally
recognized Tribes (Tribes). Consultation with Alaska Native
Corporations is based on Public Law 108-199, div. H, sec. 161, January
23, 2004, 118 Stat. 452,
[[Page 31815]]
as amended by Public Law 108-447, div. H, title V, sec. 518, December
8, 2004, 118 Stat. 3267, which provides that: ``The Director of the
Office of Management and Budget and all Federal agencies shall
hereafter consult with Alaska Native corporations on the same basis as
Indian Tribes under Executive Order No. 13175.'' The FWS will hold
individual consultation meetings upon request. The Secretary will
consider Alaska Native Tribes' and Alaska Native Corporations'
information, input, and recommendations, and address their concerns as
much as practicable.
Reasonable Accommodations
The Department is committed to providing access to this process for
all participants. For more information, see FOR FURTHER INFORMATION
CONTACT.
Signing Authority
Shannon A. Estenoz, Assistant Secretary for Fish and Wildlife and
Parks, approved this action on May 15, 2023, for publication. On May
15, 2023, Shannon A. Estenoz authorized the undersigned to sign the
document electronically and submit it to the Office of the Federal
Register for publication as an official document of the U.S. Fish and
Wildlife Service.
Maureen D. Foster,
Chief of Staff, Office of the Assistant Secretary for Fish and Wildlife
and Parks.
[FR Doc. 2023-10621 Filed 5-17-23; 8:45 am]
BILLING CODE 4333-15-P
