Notice of Availability of the Final Supplemental Environmental Impact Statement To Reconsider a Highway Right-of-Way Application and Associated Amendment of an Incidental Take Permit, Washington County, UT, 88808-88811 [2024-25903]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88808-88811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25903]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

Fish and Wildlife Service

[BLM_UT_FRN_MO4500183475]


Notice of Availability of the Final Supplemental Environmental 
Impact Statement To Reconsider a Highway Right-of-Way Application and 
Associated Amendment of an Incidental Take Permit, Washington County, 
UT

AGENCY: Bureau of Land Management, Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: In compliance with the National Environmental Policy Act of 
1969, as amended (NEPA), the Federal Land Policy and Management Act of 
1976, as amended (FLPMA), and the Endangered Species Act of 1973, as 
amended (ESA), the Bureau of Land Management (BLM) and the Fish and 
Wildlife Service (FWS), as co-lead agencies, announce the availability 
of the Final Supplemental Environmental Impact Statement (EIS) to 
further consider the effects of granting a right-of-way (ROW) to the 
Utah Department of Transportation (UDOT) for the Northern Corridor 
Project (a proposed highway) as well as a potential amendment to the 
Incidental Take Permit (ITP) issued to Washington County, Utah, under 
the ESA.

DATES: The BLM and FWS will not issue decisions on the proposal for a 
minimum of 30 days after the date the Environmental Protection Agency 
(EPA) publishes its Notice of Availability (NOA) for the Final 
Supplemental EIS DOI-BLM-UT-C030-2023-0038-EIS in the Federal Register. 
The EPA usually publishes its NOAs on Fridays.

ADDRESSES: The Final Supplemental EIS and documents pertinent to this 
proposal are available for review on the BLM ePlanning project website 
at https://eplanning.blm.gov/eplanning-ui/project/2026562/510. Click 
the Documents link on the left side of the screen to find the 
electronic versions of these materials.

FOR FURTHER INFORMATION CONTACT: Dawna Ferris-Rowley, National 
Conservation Area (NCA) Manager, Red Cliffs and Beaver Dam Wash NCAs, 
telephone (435) 688-3200; address 345 East Riverside Drive, St. George, 
UT 84790; email [email protected]. Individuals in the 
United States who are deaf, deafblind, hard of hearing, or have a 
speech disability may dial 711 (TTY,

[[Page 88809]]

TDD, or TeleBraille) to access telecommunications relay services for 
contacting Ms. Ferris-Rowley. 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. 
Replies are provided during normal business hours. If you would like to 
request to view a hard copy, please call the St. George Field Office 
for more information at (435) 688-3200, 8 a.m. to 4:30 p.m., Monday 
through Friday, except holidays.

SUPPLEMENTARY INFORMATION: The BLM and FWS are issuing this NOA 
pursuant to NEPA, 42 U.S.C. 4321 et seq.; the Council on Environmental 
Quality's regulations for implementing NEPA, 40 CFR parts 1500 
through1508 (as amended on May 20, 2022, 87 FR 23453); and the 
Department of the Interior's NEPA regulations, 43 CFR part 46.
    The Final Supplemental EIS has been prepared to supplement the 
analysis contained in the 2020 Final EIS by BLM and FWS (the entire 
Final EIS can be found at: https://eplanning.blm.gov/eplanning-ui/project/1502103/570).
    On September 4, 2018, UDOT applied for a ROW grant for the Northern 
Corridor project north of the City of St. George, Utah, on BLM-managed 
and non-Federal lands within the Red Cliffs NCA and the Red Cliffs 
Desert Reserve. The Red Cliffs NCA was established through the passage 
of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www). 
Prior to the NCA's designation, the Red Cliffs Desert Reserve was 
established for the protection of the Mojave desert tortoise as part of 
the 1995 Washington County Habitat Conservation Plan (HCP). In 2015, 
pursuant to section 10(a)(1)(B) of the ESA, Washington County applied 
to renew and amend the HCP and associated ITP. The restated and amended 
HCP described the Northern Corridor highway as a potential changed 
circumstance, which would be partially offset with the addition of a 
new sixth zone to the Red Cliffs Desert Reserve (Reserve Zone 6) as the 
primary conservation strategy. To consider the application and the 
proposed Zone 6, the BLM needed to also consider amending the St. 
George Field Office and Red Cliffs NCA Resource Management Plans 
(RMPs).
    During 2019 and 2020, in accordance with NEPA, the BLM and FWS 
prepared an EIS to analyze the environmental impacts associated with 
the proposed actions and reasonable alternatives. The BLM also 
consulted with the FWS to meet the requirements in section 7(a)(2) of 
the ESA. The FWS issued a biological opinion to the BLM that determined 
the ROW and the amendments to the RMPs were not likely to jeopardize 
the continued existence of the Mojave desert tortoise or destroy or 
adversely modify designated critical habitat for the Mojave desert 
tortoise. In addition, the FWS also issued an intra-agency biological 
opinion that determined the ITP is not likely to jeopardize the 
continued existence of the Mojave desert tortoise, Holmgren milkvetch, 
Shivwits milkvetch, dwarf bear-poppy, Siler pincushion cactus, Gierisch 
mallow, and Fickeisen plains cactus or result in the adverse 
modification of critical habitat for any of the above-listed species.
    On January 13, 2021, the Secretary of the Interior signed a Record 
of Decision that approved the Northern Corridor ROW application and 
approved the amendments to the RMPs. The decision approving the ROW was 
effective immediately. The BLM then signed and issued the ROW grant to 
UDOT on the same day. Also on January 13, 2021, the FWS Regional 
Director for Interior Regions 5 and 7 signed a Record of Decision 
approving the issuance of an ITP to Washington County. The FWS issued 
the ITP to Washington County on January 13, 2021. Because the BLM 
approved the UDOT ROW application, the changed circumstance was 
triggered, and Zone 6 was formally added to the Reserve.
    On June 3, 2021, seven conservation organizations (collectively, 
Plaintiffs) filed an initial complaint in the United States District 
Court for the District of Columbia, Case No. 1:21-cv-01506. Among other 
claims, plaintiffs alleged the BLM's ROW decision violated both NEPA 
and the National Historic Preservation Act (NHPA). The Plaintiffs 
stated, in part, the Final EIS did not fully address the changed 
circumstances of wildfire in the region and the impacts it may have on 
the Mojave desert tortoise, desert tortoise habitat, and the spread of 
invasive annual grasses. The Plaintiffs also alleged that the BLM 
failed to comply with the consultation requirements under section 106 
of the NHPA. On July 27, 2021, Plaintiffs amended their complaint to 
include the FWS and additional claims related to NEPA and the ESA.
    During the litigation, the United States and plaintiffs reached a 
settlement agreement that was signed on August 30, 2023. Prior to 
executing that agreement, the United States moved for the remand and 
partial vacatur of the BLM's and FWS's 2021 decisions. In the motion, 
the United States acknowledged the BLM did not comply with the NHPA and 
the agencies had substantial and legitimate concerns that the Final EIS 
may lack sufficient analysis of certain resource effects, including the 
effects of the construction and use of the Northern Corridor project in 
the context of the protection of the values for which the NCA was 
created and the following: (1) the trend in the increasing frequency 
and extent of wildfires in the Mojave Desert; (2) the rise of non-
native/exotic and invasive vegetation in post-burn areas; and (3) the 
impacts increased fire and new non-native/exotic and invasive 
vegetation have on desert tortoise. On November 16, 2023, the court 
issued an Order that granted the remand of all decisions associated 
with the January 2021 Records of Decision issued by the BLM and FWS and 
denied the BLM's request to vacate the ROW grant issued to UDOT in 
January 2021. On March 8, 2024, at the request of the BLM and pursuant 
to paragraph 3(c) of the Settlement Agreement, the FWS withdrew the 
Biological Opinion for the Northern Corridor ROW grant.

Purpose and Need for the Proposed Action

    The BLM's purpose and need for this action is to determine whether 
the BLM will affirm, affirm with modifications, or terminate the 2021 
UDOT ROW grant. The FWS's purpose and need for action is to consider 
whether to amend Washington County's ITP so that it reflects the BLM's 
reconsideration of UDOT's ROW.

Proposed Action and Alternatives

    The Final Supplemental EIS considers six alternatives, five of 
which include a specific ROW alignment and a sixth that includes 
termination of the ROW. All of the alternatives identify the 
corresponding action required of the FWS regarding the Washington 
County ITP. The six alternatives analyzed in detail in the Final 
Supplemental EIS are similar to those included in the Final EIS 
published in November 2020. No new highway alignments that meet UDOT's 
stated purpose and need for the Northern Corridor highway were 
identified by the public during the scoping period for the Supplemental 
EIS or during the public comment period on the Draft Supplemental EIS.
     UDOT ROW Alignment alternative (No Action, or No Change): 
the BLM would affirm the ROW grant issued to UDOT in 2021, which 
follows an alignment that is approximately 4.5 miles long, 1.9 miles of 
which would be across BLM-managed lands. In this case, the FWS would 
affirm Washington County's ITP. The changed

[[Page 88810]]

circumstance related to the construction of the Northern Corridor 
across the Reserve described in the HCP remains triggered, and Zone 6 
of the Reserve would remain.
     T-Bone Mesa Alignment alternative: the BLM would modify 
UDOT's ROW grant across public lands in the NCA. This alignment would 
connect Green Springs Drive on the east to Red Hills Parkway on the 
west just north of the Pioneer Hills trailhead parking area. Under this 
alternative, the Northern Corridor would skirt the southern edge of T-
Bone Mesa. The Northern Corridor would be approximately 4.2 miles long, 
2.2 miles of which would be across BLM-administered lands. In this 
case, the FWS would affirm Washington County's ITP. The changed 
circumstance related to the construction of the Northern Corridor 
across the Reserve described in the HCP remains triggered, and Zone 6 
of the Reserve would remain.
     Southern Alignment alternative: the BLM would modify 
UDOT's ROW grant across public lands in the NCA. This alignment would 
nearly skirt the southern border of the NCA, connecting Green Springs 
Drive on the east to Red Hills Parkway on the west just south of, and 
slightly encroaching onto, the Pioneer Hills trailhead parking area. 
The Northern Corridor would be approximately 5.5 miles long, 
approximately 1.5 miles of which would be across BLM-administered 
lands. In this case, the FWS would affirm Washington County's ITP. The 
changed circumstance related to the construction of the Northern 
Corridor across the Reserve described in the HCP remains triggered, and 
Zone 6 of the Reserve would remain.
     Red Hills Parkway Expressway alternative: UDOT would no 
longer hold the ROW grant. This alternative proposes changes to the 
existing Red Hills Parkway so that it would function as an expressway 
between I-15 and Bluff Street. The BLM may need to grant necessary 
amendments to the City of St. George's existing FLPMA Title V ROW for 
the Red Hills Parkway. Under this alternative, the FWS would amend 
Washington County's ITP because the Northern Corridor changed 
circumstance would not occur, thus eliminating Zone 6 as mitigation for 
the Northern Corridor Highway.
     St. George Boulevard/100 South One-Way Couplet 
alternative: UDOT would no longer hold the ROW grant. This alternative 
would include modifications to St. George Boulevard and 100 South to 
convert the two roadways into a one-way couplet system between I-15 and 
Bluff Street, wherein St. George Boulevard would only accommodate 
westbound traffic and 100 South would only accommodate eastbound 
traffic. While this alternative meets the purpose and need of the 
project, it would have to be implemented by the City of St. George 
because it does not cross any BLM-administered lands. Under this 
alternative, the FWS would amend Washington County's ITP because the 
Northern Corridor changed circumstance would not occur, thus 
eliminating Zone 6 as mitigation for the Northern Corridor Highway.
     Terminate UDOT's ROW alternative: UDOT would no longer 
hold the ROW grant for the Northern Corridor. Under this alternative, 
the FWS would amend Washington County's ITP because the Northern 
Corridor changed circumstance would not occur, thus eliminating Zone 6 
as mitigation for the Northern Corridor Highway. This alternative 
represents an equivalency with the No Action Alternative in the 2020 
Final EIS.
    Under the Red Hills Parkway Expressway, St. George Boulevard/100 
South One-Way Couplet, and Terminate UDOT's ROW alternatives, the 
6,812-acre mitigation area in the southwest area of St. George, known 
as Reserve Zone 6, would be removed from the Red Cliffs Desert Reserve. 
However, the 3,471 acres managed by the BLM within Zone 6 would 
continue to be managed with the protections put in place under the 2021 
St. George Field Office RMP amendment. The remaining 3,341 acres of 
land, which are either privately owned or managed by the Utah Trust 
Lands Administration, would no longer be afforded special protections 
by Washington County and could be developed under the amended ITP.
    The Final Supplemental EIS does not reconsider any amendments to 
the BLM's RMPs or to Washington County's amended HCP.
    The BLM, in coordination with the FWS, identified the Red Hills 
Parkway Expressway as the BLM's preferred alternative. Based on this 
selection, Reserve Zone 6 would be removed from the Red Cliffs Desert 
Reserve. The FWS's preferred alternative is to amend Washington 
County's ITP to authorize incidental take of the Mojave desert tortoise 
associated with the implementation of covered activities that could 
occur on 3,341 acres of non-Federal lands in the previous Reserve Zone 
6. Identification of these alternatives does not represent final agency 
decisions.

Public Involvement Process

    A 30-day public scoping period was initiated with the publication 
of a Notice of Intent in the Federal Register on November 16, 2023 (88 
FRN 78781), and was extended at the request of Washington County and 
the State of Utah until December 28, 2023. The scoping period included 
a public open house held in St. George, Utah, on December 6, 2023, with 
over 200 attendees. A total of 8,993 comment submissions were received, 
of which 8,145 were form letters, 793 were unique comments, and 55 did 
not include a comment or were comments not relevant to scoping. The BLM 
and FWS considered all comments received during the scoping period in 
preparation of the Draft Supplemental EIS. A scoping report is 
available for public review on the BLM ePlanning project website (see 
ADDRESSES).
    A Notice of Availability for the Draft Supplemental EIS was 
published in the Federal Register on May 10, 2024, (89 FRN 40504) 
initiating a 45-day public review and comment period. In addition, the 
BLM issued media releases and sent notifications via email to 
cooperating agencies, Tribal Nations, and the updated project mailing 
list. The BLM and FWS held an in-person public open house on June 4, 
2024, at the Dixie Convention Center in St. George, Utah, during the 
public comment period. The BLM and FWS announced the date and time for 
this meeting at least 15 days prior to the event, through media 
releases and posting on the BLM ePlanning project website (see 
ADDRESSES).
    Agencies, organizations, and individual stakeholders were able to 
submit comments through the U.S. Postal Service and the BLM ePlanning 
project website (see ADDRESSES). The comment period was extended until 
July 9, 2024, after an updated Traffic Analysis Memorandum, prepared by 
the Dixie Metropolitan Planning Organization, and an Assessment, 
Inventory, and Monitoring Vegetation Survey Technical Report were made 
available for public review on the BLM ePlanning project website. The 
BLM and FWS announced the availability of these documents, and the date 
of the extended public review and comment period, through social media 
releases, a posting on the BLM ePlanning project website, and email 
messages to the project mailing list.
    A total of 4,255 comment submissions were received during the 60-
day public comment period, of which 3,354 were part of organized letter 
writing campaigns and 901 were unique

[[Page 88811]]

comment submissions. The BLM and FWS considered all comments received 
during the extended comment period in the preparation of the Final 
Supplemental EIS.
    Substantive public comments and ongoing agency coordination led to 
several changes from the Draft Supplemental EIS. Additional data became 
available after publication of the Draft Supplemental EIS that is 
incorporated into the analysis in the Final Supplemental EIS, including 
vegetation Assessment, Inventory, and Monitoring data for the three ROW 
alternatives in the NCA, corrected boundaries for two Land and Water 
Conservation Fund-acquired parcels, updated traffic modeling results 
for each ROW alternative, and the identification of additional 
environmental justice concerns, primarily for the ROW alternatives that 
would reconfigure existing roadways. The BLM and FWS responded to 
substantive comments and made appropriate revisions in the Final 
Supplemental EIS or explained why a comment did not warrant a change, 
as documented in Appendix F of the Final Supplemental EIS.

Lead and Cooperating Agencies

    The BLM and FWS are co-lead agencies. Cooperating agencies are the 
State of Utah Public Lands Policy Coordinating Office, State of Utah 
Department of Environmental Quality, State of Utah Trust Lands 
Administration, Washington City, Dixie Metropolitan Planning 
Organization, City of St. George, City of Ivins, Santa Clara City, City 
of Hurricane, the Paiute Indian Tribe of Utah, and the Shivwits Band of 
the Paiute Indian Tribe of Utah.

Additional Information

    The BLM is using the NEPA process to comply with section 106 of the 
NHPA (54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3), including 
the public involvement requirements of section 106. Information about 
historic and cultural resources within the area potentially affected by 
the proposed project has been included in the Final Supplemental EIS. 
The BLM, in consultation with the Utah State Historic Preservation 
Office (SHPO) and consulting parties, initially began developing a 
Memorandum of Agreement to resolve adverse effects to historic 
properties. Based on ongoing consultation with the SHPO, the BLM 
determined that a Programmatic Agreement--rather than a Memorandum of 
Agreement--is more appropriate to document its compliance with section 
106 because of the uncertainties associated with non-Federal lands 
within Zone 6, which may lose their enhanced protections and become 
subject to future development and other activities that could result in 
subsequent adverse effects to historic properties. The BLM will 
develop, sign, and implement a programmatic agreement in accordance 
with 36 CFR 800.14(b) to serve as the binding commitment to resolve 
adverse effects to historic properties on Federal lands. The 
programmatic agreement will lay out the framework that the BLM, UDOT, 
Tribes, and other signatories to the agreement will use to fund, 
develop, and implement a Historic Properties Treatment Plan for 
historic properties that may be adversely affected by project-related 
actions.
    The BLM and FWS will continue to consult with Tribal Nations on a 
government-to-government basis in accordance with Executive Order 
13175, BLM Manual Section 1780, and other Departmental policies. Tribal 
concerns, including impacts on Indian trust assets and potential 
impacts to cultural resources, will be given due consideration.

Matthew A. Preston,
Acting State Director.

Anna Munoz,
Deputy Regional Director.
[FR Doc. 2024-25903 Filed 11-7-24; 8:45 am]
BILLING CODE 4331-25-P