Notice of Availability; Draft Supplemental Environmental Impact Statement for a Potential Land Exchange Involving Izembek National Wildlife Refuge Lands; Public Meetings, 90306-90308 [2024-26563]
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90306
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
2. The SD series requires critical
pipeline owner/operators to appoint
cybersecurity coordinator(s) or
alternate(s) at the corporate level and to
provide contact information for the
coordinators to TSA. To ensure that
information reported pursuant to the SD
series is identifiable within the system,
TSA requires these owners/operators to
indicate that they are providing the
information pursuant to the SD series.
TSA expects voluntary reporting of
pipeline security incidents will occur
on an irregular basis. TSA estimates that
pipeline owner/operators will report
approximately 118 incidents annually,
requiring an average of 30 minutes (0.50
hour) to collect, review, and submit
event information. The total potential
burden to the public for this task is
estimated to be 59 hours.
Using the CISA Incident Reporting
System, TSA expects the mandatory
reporting of pipeline cybersecurity
incidents to CISA will occur 20 times
per year for each covered pipeline
owner/operator. TSA estimates that 100
pipeline owner/operators will take
approximately 2 hours to gather the
appropriate information to submit each
incident report. The potential burden to
the public for this task is 20 × 100 × 2
hours = 4,000 hours.
TSA estimates that approximately 100
pipeline owner/operators will report
their cybersecurity manager and
alternate point of contact information. It
will take the pipeline owner/operator
approximately 30 minutes (0.50 hour) to
do so, and the potential burden for this
task is 100 × 0.50 hour = 50 hours.
Therefore, the total hour burden to the
public for this information collection
request is estimated to be 59 hours
(Security Incidents) + 4,000 hours (CISA
Reporting) + 50 hours (Cyber POC) =
4,109 hours annually.
Dated: November 8, 2024.
Christina A. Walsh,
TSA Paperwork Reduction Act Officer,
Information Technology.
[FR Doc. 2024–26538 Filed 11–14–24; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
khammond on DSKJM1Z7X2PROD with NOTICES
[Docket No. FWS–R7–NWRS–2023–0072;
FF07R00000–245–FXRS12610700000]
Notice of Availability; Draft
Supplemental Environmental Impact
Statement for a Potential Land
Exchange Involving Izembek National
Wildlife Refuge Lands; Public Meetings
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
16:11 Nov 14, 2024
Jkt 265001
ACTION:
Notice of availability.
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, we, the U.S.
Fish and Wildlife Service (FWS),
announce the availability of a draft
supplemental environmental impact
statement (draft supplemental EIS) to
consider the effects of a potential land
exchange of certain lands owned by the
King Cove Corporation with certain
lands owned by the U.S. Government
and located within the Izembek
National Wildlife Refuge and Izembek
Wilderness Area. If a land exchange is
approved, King Cove Corporation would
use the acquired land for a road corridor
for noncommercial use. We invite
comment on the draft supplemental EIS
from the public and local, State, Tribal,
and Federal agencies. We will
separately be announcing public
meetings.
SUMMARY:
DATES:
Submitting Comments: We must
receive your written comments on or
before December 30, 2024. Comments
submitted online at https://
www.regulations.gov/ must be received
by 11:59 p.m. eastern time on December
30, 2024.
Public Meetings: Meeting locations,
dates, and times will be announced at
https://www.fws.gov/project/potentialland-exchange-road-between-king-coveand-cold-bay.
ADDRESSES:
Obtaining Documents: The draft
supplemental EIS, as well as any
comments and other materials that we
receive, will be available for public
inspection online in Docket No. FWS–
R7–NWRS–2023–0072 at https://
www.regulations.gov. In addition, to
inform public comment, we are also
making FWS’s 2013 EIS and record of
decision (ROD) documents available for
review at https://www.regulations.gov in
Docket No. FWS–R7–NWRS–2023–
0072. However, we are not taking public
comments on those documents at this
time.
Submitting Public Comments: You
may submit comments 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
PO 00000
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Leesburg Pike; Falls Church, VA 22041–
3803.
• Public Meetings and any
Subsistence Hearings: Comments will
also be accepted at the in-person and
virtual public meetings/hearings.
Meeting locations, dates, and times will
be announced at https://www.fws.gov/
project/potential-land-exchange-roadbetween-king-cove-and-cold-bay.
We will post all written comments on
https://www.regulations.gov. This
generally means that we will post any
personal information you provide us
(see Public Review Process for more
information).
Reasonable Accommodations for
Meetings: Persons needing reasonable
accommodations to attend and
participate in the public meetings
should contact Bobbie Jo Skibo as soon
as possible (see FOR FURTHER
INFORMATION CONTACT). To allow
sufficient time to process requests,
please make contact no later than 1
week before the desired public meeting.
Information and documents are
available in alternative formats upon
request.
FOR FURTHER INFORMATION CONTACT:
Bobbie Jo Skibo, Project Leader, by
telephone at 907–441–1539; by email at
bobbiejo_skibo@fws.gov; or by U.S. mail
at U.S. Fish and Wildlife Service,
Alaska Region, National Wildlife Refuge
System, 1011 East Tudor Road,
Anchorage, AK 99503. Contact Bobbie
Jo Skibo 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:
Introduction
In accordance with the National
Environmental Policy Act of 1969, as
amended (NEPA; 42 U.S.C. 4321 et
seq.), and the Alaska National Interest
Lands Conservation Act of 1980, as
amended (ANILCA; Pub. L. 96–487, sec.
1302(h), Dec. 2, 1980; 16 U.S.C.
3192(h)), along with other laws as
applicable, we, the U.S. Fish and
Wildlife Service (FWS), announce the
availability of a draft supplemental
environmental impact statement (draft
supplemental EIS) to consider the
effects of a potential land exchange of
certain lands owned by the King Cove
Corporation with certain lands that are
owned by the U.S. Government and
E:\FR\FM\15NON1.SGM
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Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
located within the Izembek National
Wildlife Refuge and Izembek
Wilderness Area. If a land exchange is
approved, King Cove would use the
acquired land for a road corridor for
noncommercial health, safety, and
subsistence uses. The draft
supplemental EIS updates information
used in FWS’s 2013 analysis on the
impacts of a then-proposed land
exchange and proposed 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, and
also includes a new land exchange and
road corridor alternative. We invite
comments on the draft supplemental
EIS from the public and local, State,
Tribal, and Federal agencies.
khammond on DSKJM1Z7X2PROD with NOTICES
Potentially Affected Land Areas
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. 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 Unangax̂ 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.
Previous Actions
In the Omnibus Public Land
Management Act of 2009 (Pub. L. 111–
11, title VI, subtitle E (herein referred to
as the 2009 Act)), Congress directed
FWS to prepare an EIS under NEPA 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
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16:11 Nov 14, 2024
Jkt 265001
noncommercial purposes,’’ with limited
exceptions. The land exchange
contemplated by the 2009 Act would
have involved the conveyance 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, FWS
would have received approximately
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 2013 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 that the
proposed 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 (Department) 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 ANILCA.
However, the 2019 Exchange Agreement
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90307
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 based on several
legal defects in the decision. On appeal
to the Ninth Circuit Court of Appeals, a
three-judge appellate panel reversed the
district court. However, an en banc
panel of the Ninth Circuit then vacated
the three-judge panel’s decision and
agreed to a new review. On March 14,
2023, Secretary of the Interior Deb
Haaland issued a new decision
memorandum withdrawing the
Department from the 2019 Exchange
Agreement. That decision memorandum
identified as a procedural flaw the
failure to consider the effects of the
exchange on subsistence uses, 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. In June 2023, the Ninth
Circuit dismissed the lawsuit because
the issue had become moot due to
Secretary Haaland’s decision
memorandum.
Notice of Intent
On May 18, 2023 (88 FR 31813), we
published a Federal Register notice of
intent to prepare a supplemental EIS to
consider the effects of a potential land
exchange. In that notice, we requested
information and suggestions on the
proposed supplemental EIS. In
particular, we sought information to
assist us in updating information we
used in our 2013 analysis on the
impacts of the 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. Comments we received are
at https://www.regulations.gov in
Docket No. FWS–R7–NWRS–2023–
0072. The final scoping report, which
summarizes comments, is attached as an
appendix to the draft SEIS.
Current Action
While the authorities in the 2009 Act
remain expired, the FWS has prepared
a draft supplemental EIS to address a
potential exchange under section
1302(h) of ANILCA. The FWS’s draft
supplemental EIS analysis assesses the
potential impacts of a land exchange
and road construction and use, allows
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90308
Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices
for public participation, and integrates
the NEPA analysis with an evaluation
under ANILCA section 810. The FWS is
also using and coordinating the NEPA
process to help inform the Department’s
processes and analysis under section
106 of the National Historic
Preservation Act (54 U.S.C. 306108), the
ESA, ANILCA (including any land
exchange’s furtherance of the statute’s
conservation and subsistence purposes),
ANCSA, 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.).
Alternatives reviewed include the 2013
EIS alternatives and an additional new
alternative for the terms of the proposed
land exchange involving the same road
corridor in the 2019 Exchange
Agreement but involving different
terms.
Request for Public Comments
Public Availability of Comments
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
khammond on DSKJM1Z7X2PROD with NOTICES
[FR Doc. 2024–26563 Filed 11–14–24; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
[GX25EE000101100]
You may submit written comments
and materials concerning the draft
supplemental EIS by one of the methods
listed in ADDRESSES.
The meaningful input of Alaska
Native Tribes and Alaska Native
Corporations is of critical importance to
the 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. Consultation with
Alaska Native Corporations is based on
Public Law 108–199, div. H, sec. 161,
January 23, 2004, 118 Stat. 452, as
amended by Public Law 108–447, div.
H, title V, sec. 518, December 8, 2004,
118 Stat. 3267, which provides that:
16:11 Nov 14, 2024
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
Geological Survey
Public Review Process
VerDate Sep<11>2014
‘‘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.’’ FWS will hold
individual consultation meetings upon
request. The Secretary of the Interior
will consider Alaska Native Tribes’ and
Alaska Native Corporations’
information, input, and
recommendations, and address their
concerns as much as practicable.
Jkt 265001
Public Meeting of the National
Geospatial Advisory Committee
U.S. Geological Survey,
Department of the Interior.
ACTION: Notice of public meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act
(FACA) of 1972, the U.S. Geological
Survey (USGS) is publishing this notice
to announce that a Federal Advisory
Committee meeting of the National
Geospatial Advisory Committee (NGAC)
will take place and is open to members
of the public.
DATES: The following meetings will be
held as a webinar:
• Wednesday, December 4, 2024 from
1 p.m.–5 p.m. eastern standard time;
• Wednesday, February 19, 2025 from
1 p.m.–5 p.m.; and Thursday, February
20, 2025 from 1 p.m.–5 p.m. eastern
standard time.
The following meeting will be held in
person:
• Wednesday, June 11, 2025 from 9
a.m. to 5 p.m.; and on Thursday, June
12, 2025 from 9 a.m. to 4 p.m. eastern
daylight time.
ADDRESSES: The December 2024 and
February 2025 meetings will be held
online and via teleconference. The June
2025 meeting will be held in the South
Penthouse Conference Room of the
Department of the Interior Building,
1849 C Street NW, Washington, DC.
Members of the public may attend the
meeting in person or can attend via
webinar. Registration instructions for
both the online and in person meetings
will be posted at www.fgdc.gov/ngac.
SUMMARY:
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Fmt 4703
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Mr.
Josh Delmonico, Federal Geographic
Data Committee (FGDC), USGS, by mail
at 12201 Sunrise Valley Drive, MS 590,
Reston, VA 20192; by email at
jdelmonico@usgs.gov; or by telephone at
(703) 648–5752. Comments can be sent
by email to gs-faca@usgs.gov.
Individuals in the United States who
are deaf, blind, 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: This
meeting is being held under the
provisions of the FACA of 1972 (5
U.S.C. ch. 10), the Government in the
Sunshine Act of 1976 (5 U.S.C. 552b, as
amended), and 41 CFR part 102–3.
Purpose of the Meeting: The NGAC
provides advice and recommendations
to the FGDC related to management of
federal and national geospatial
programs, the development of the
National Spatial Data Infrastructure
(NSDI), and the implementation of the
Geospatial Data Act (GDA) of 2018 and
the Office of Management and Budget
Circular A–16. The NGAC reviews and
comments on geospatial policy and
management issues and provides a
forum to convey views representative of
non-federal stakeholders in the
geospatial community. The NGAC is
one of the primary ways that the FGDC
collaborates with its broad network of
partners. Additional information about
the NGAC is available at: www.fgdc.gov/
ngac.
Agenda Topics:
—FGDC Update
—Landsat Advisory Group
—3D Elevation Program
—GDA
—NSDI
—GeoPlatform
—Standards and Data Access
—Public Comment
Meeting Accessibility/Special
Accommodations: Please make requests
in advance for sign language interpreter
services, assistive listening devices,
language translation services, or other
reasonable accommodations. We ask
that you contact the person listed in the
FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT
section of this notice at least seven (7)
business days prior to the meeting to
give the Department of the Interior
sufficient time to process your request.
All reasonable accommodation requests
are managed on a case-by-case basis.
Seating for in person attendees may be
E:\FR\FM\15NON1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90306-90308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26563]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-R7-NWRS-2023-0072; FF07R00000-245-FXRS12610700000]
Notice of Availability; Draft Supplemental Environmental Impact
Statement for a Potential Land Exchange Involving Izembek National
Wildlife Refuge Lands; Public Meetings
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability.
-----------------------------------------------------------------------
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, we, the
U.S. Fish and Wildlife Service (FWS), announce the availability of a
draft supplemental environmental impact statement (draft supplemental
EIS) to consider the effects of a potential land exchange of certain
lands owned by the King Cove Corporation with certain lands owned by
the U.S. Government and located within the Izembek National Wildlife
Refuge and Izembek Wilderness Area. If a land exchange is approved,
King Cove Corporation would use the acquired land for a road corridor
for noncommercial use. We invite comment on the draft supplemental EIS
from the public and local, State, Tribal, and Federal agencies. We will
separately be announcing public meetings.
DATES:
Submitting Comments: We must receive your written comments on or
before December 30, 2024. Comments submitted online at https://www.regulations.gov/ must be received by 11:59 p.m. eastern time on
December 30, 2024.
Public Meetings: Meeting locations, dates, and times will be
announced at https://www.fws.gov/project/potential-land-exchange-road-between-king-cove-and-cold-bay.
ADDRESSES:
Obtaining Documents: The draft supplemental EIS, as well as any
comments and other materials that we receive, will be available for
public inspection online in Docket No. FWS-R7-NWRS-2023-0072 at https://www.regulations.gov. In addition, to inform public comment, we are
also making FWS's 2013 EIS and record of decision (ROD) documents
available for review at https://www.regulations.gov in Docket No. FWS-
R7-NWRS-2023-0072. However, we are not taking public comments on those
documents at this time.
Submitting Public Comments: You may submit comments 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.
Public Meetings and any Subsistence Hearings: Comments
will also be accepted at the in-person and virtual public meetings/
hearings. Meeting locations, dates, and times will be announced at
https://www.fws.gov/project/potential-land-exchange-road-between-king-cove-and-cold-bay.
We will post all written comments on https://www.regulations.gov.
This generally means that we will post any personal information you
provide us (see Public Review Process for more information).
Reasonable Accommodations for Meetings: Persons needing reasonable
accommodations to attend and participate in the public meetings should
contact Bobbie Jo Skibo as soon as possible (see FOR FURTHER
INFORMATION CONTACT). To allow sufficient time to process requests,
please make contact no later than 1 week before the desired public
meeting. Information and documents are available in alternative formats
upon request.
FOR FURTHER INFORMATION CONTACT: Bobbie Jo Skibo, Project Leader, by
telephone at 907-441-1539; by email at [email protected]; or by
U.S. mail at U.S. Fish and Wildlife Service, Alaska Region, National
Wildlife Refuge System, 1011 East Tudor Road, Anchorage, AK 99503.
Contact Bobbie Jo Skibo 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:
Introduction
In accordance with the National Environmental Policy Act of 1969,
as amended (NEPA; 42 U.S.C. 4321 et seq.), and the Alaska National
Interest Lands Conservation Act of 1980, as amended (ANILCA; Pub. L.
96-487, sec. 1302(h), Dec. 2, 1980; 16 U.S.C. 3192(h)), along with
other laws as applicable, we, the U.S. Fish and Wildlife Service (FWS),
announce the availability of a draft supplemental environmental impact
statement (draft supplemental EIS) to consider the effects of a
potential land exchange of certain lands owned by the King Cove
Corporation with certain lands that are owned by the U.S. Government
and
[[Page 90307]]
located within the Izembek National Wildlife Refuge and Izembek
Wilderness Area. If a land exchange is approved, King Cove would use
the acquired land for a road corridor for noncommercial health, safety,
and subsistence uses. The draft supplemental EIS updates information
used in FWS's 2013 analysis on the impacts of a then-proposed land
exchange and proposed 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, and also includes a
new land exchange and road corridor alternative. We invite comments on
the draft supplemental EIS from the public and local, State, Tribal,
and Federal agencies.
Potentially Affected Land Areas
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. 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 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.
Previous Actions
In the Omnibus Public Land Management Act of 2009 (Pub. L. 111-11,
title VI, subtitle E (herein referred to as the 2009 Act)), Congress
directed FWS to prepare an EIS under NEPA 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
conveyance 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, FWS would
have received approximately 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
2013 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 that the
proposed 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 (Department) 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 ANILCA. 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 based on several legal defects in
the decision. On appeal to the Ninth Circuit Court of Appeals, a three-
judge appellate panel reversed the district court. However, an en banc
panel of the Ninth Circuit then vacated the three-judge panel's
decision and agreed to a new review. On March 14, 2023, Secretary of
the Interior Deb Haaland issued a new decision memorandum withdrawing
the Department from the 2019 Exchange Agreement. That decision
memorandum identified as a procedural flaw the failure to consider the
effects of the exchange on subsistence uses, 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. In June 2023, the
Ninth Circuit dismissed the lawsuit because the issue had become moot
due to Secretary Haaland's decision memorandum.
Notice of Intent
On May 18, 2023 (88 FR 31813), we published a Federal Register
notice of intent to prepare a supplemental EIS to consider the effects
of a potential land exchange. In that notice, we requested information
and suggestions on the proposed supplemental EIS. In particular, we
sought information to assist us in updating information we used in our
2013 analysis on the impacts of the 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. Comments we received are at https://www.regulations.gov in Docket No. FWS-R7-NWRS-2023-0072. The final
scoping report, which summarizes comments, is attached as an appendix
to the draft SEIS.
Current Action
While the authorities in the 2009 Act remain expired, the FWS has
prepared a draft supplemental EIS to address a potential exchange under
section 1302(h) of ANILCA. The FWS's draft supplemental EIS analysis
assesses the potential impacts of a land exchange and road construction
and use, allows
[[Page 90308]]
for public participation, and integrates the NEPA analysis with an
evaluation under ANILCA section 810. The FWS is also using and
coordinating the NEPA process to help inform the Department's processes
and analysis under section 106 of the National Historic Preservation
Act (54 U.S.C. 306108), the ESA, ANILCA (including any land exchange's
furtherance of the statute's conservation and subsistence purposes),
ANCSA, 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.).
Alternatives reviewed include the 2013 EIS alternatives and an
additional new alternative for the terms of the proposed land exchange
involving the same road corridor in the 2019 Exchange Agreement but
involving different terms.
Public Review Process
Request for Public Comments
You may submit written comments and materials concerning the draft
supplemental EIS by one of the methods listed in ADDRESSES.
Public Availability of Comments
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 the 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. Consultation with Alaska Native Corporations is
based on Public Law 108-199, div. H, sec. 161, January 23, 2004, 118
Stat. 452, 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.'' FWS will hold
individual consultation meetings upon request. The Secretary of the
Interior will consider Alaska Native Tribes' and Alaska Native
Corporations' information, input, and recommendations, and address
their concerns as much as practicable.
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2024-26563 Filed 11-14-24; 8:45 am]
BILLING CODE 4333-15-P
