Notice of Availability; Draft Supplemental Environmental Impact Statement for a Potential Land Exchange Involving Izembek National Wildlife Refuge Lands; Extension of Public Comment Period, 659-661 [2024-31657]
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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices
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Secretary of State, amended DHS
regulations to establish an electronic
travel authorization process for
individuals traveling to Guam or the
Commonwealth of the Northern Mariana
Islands (CNMI) under the Guam-CNMI
Visa Waiver Program (G–CNMI VWP).
See § 212.1(q)(9) of title 8 of the Code
of Federal Regulations (8 CFR
212.1(q)(9)). The IFR also amended DHS
regulations to establish the CNMI
Economic Vitality & Security Travel
Authorization Program (EVS–TAP) that
also includes an electronic travel
authorization process for certain
nationals of the People’s Republic of
China (PRC) traveling to the CNMI only.
See 8 CFR 212.1(r). As detailed in the
IFR, to fully integrate the two automated
systems in an efficient and cost-effective
manner, DHS would implement the
CNMI EVS–TAP after the system for G–
CNMI VWP automation became fully
operational. 89 FR at 3303, 3310. The
IFR explained that when DHS was ready
to fully implement CNMI EVS–TAP,
DHS would provide notification in the
Federal Register, and the CNMI EVS–
TAP would be implemented 45 days
after publication as set forth in 8 CFR
212.1(r)(11). Id.
Implementation of CNMI EVS–TAP
Although the IFR was effective on
September 30, 2024, DHS incorporated
a 60-day transition period to facilitate
travelers adjusting to the new collection
method. See 8 CFR 212.1(q)(9)(i). This
60-day transition period ended on
November 29, 2024, and the system for
G–CNMI VWP automation is fully
operational. Accordingly, carriers must
now deny boarding to travelers without
a visa or without an approved electronic
travel authorization. See 8 CFR
212.1(q)(5)(iv).
DHS is now ready to implement
CNMI EVS–TAP. Pursuant to 8 CFR
212.1(r)(11), this document provides
notification that CBP is implementing
the requirements of CNMI EVS–TAP set
forth in 8 CFR 212.1(r) for certain PRC
nationals as of February 20, 2024. At
that time, eligible nationals from the
PRC seeking to travel to the CNMI only
for a period not to exceed 14 days
without a visa under the CNMI EVS–
TAP will be required to obtain an
electronic travel authorization from CBP
prior to embarking on such travel. See
8 CFR 212.1(r). Concurrently, the
current parole policy for PRC nationals
seeking to enter the CNMI will be
discontinued on February 20, 2024.
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID: FEMA–2024–0010]
Public Assistance Program and Policy
Guide, FP 104–009–2
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Notice of availability.
AGENCY:
The Federal Emergency
Management Agency (FEMA) is
announcing availability of the final
version of the Public Assistance
Program and Policy Guide Version 5.0.
DATES: The policy will apply to
incidents declared on or after January 6,
2025.
FOR FURTHER INFORMATION CONTACT:
Robert Pesapane, Director, Public
Assistance Division, Federal Emergency
Management Agency, fema-recovery-papolicy@fema.dhs.gov, (202) 646–3834.
SUPPLEMENTARY INFORMATION: This
document announces the availability of
Version 5.0 of the Public Assistance
Program and Policy Guide (PAPPG). The
PAPPG provides a comprehensive and
streamlined guide for evaluating
eligibility under the Public Assistance
(PA) Program. It consolidates relevant
policies into a single document, while
also referencing external FEMA policies
and resources to support stakeholders
involved in the implementation of each
step in the recovery process. The release
of Version 5.0 reflects FEMA’s
continued commitment to improving
access to the PA Program, reducing the
documentation burden on our
customers, and promoting timely
recovery efforts. By integrating costeffective hazard mitigation measures,
Version 5.0 also helps facilitate resilient
rebuilding in communities affected by
disasters.
Version 5.0 is available in docket ID
FEMA–2024–0010. For access to the
docket go to https://
www.regulations.gov and search for the
docket ID. It is also available on FEMA’s
internet site, located at https://
www.fema.gov/assistance/public.
Authority: The Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, as amended (Stafford
Act), 42 U.S.C. 5121 et seq.; 44 CFR part
206.
SUMMARY:
Alejandro N. Mayorkas,
Secretary of Homeland Security.
Deanne Criswell,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2024–31326 Filed 1–3–25; 8:45 am]
[FR Doc. 2024–30084 Filed 1–3–25; 8:45 am]
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DEPARTMENT OF THE INTERIOR
[Docket No. FWS–HQ–IA–2024–0033;
FXIA16710900000–245–FF09A10000]
Conference of the Parties to the
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES); Twentieth Regular
Meeting: Taxa Being Considered for
Amendments to the CITES Appendices
and Proposed Resolutions, Decisions,
and Agenda Items Being Considered;
Observer Information
Correction
In Notice document 2024–30698,
appearing on pages 105074 through
105089, in the issue of Thursday,
December 26, 2024, make the following
correction:
On page 105075, in the first column,
in the DATES section, the text ‘‘January
16, 2025’’ should read ‘‘January 27,
2025’’.
[FR Doc. C1–2024–30698 Filed 1–3–25; 8:45 am]
BILLING CODE 0099–10–D
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; Extension of
Public Comment Period
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; extension
of public comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (FWS), announce that
we are extending the public comment
period for 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. Comments previously
submitted need not be resubmitted, as
they will be fully considered.
DATES: Submitting Comments: The
comment period for the draft
SUMMARY:
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660
Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices
supplemental EIS, notice of which
published on November 15, 2024 (89 FR
90306), is extended. We must receive
your written comments on or before
February 13, 2025. Comments submitted
online at https://www.regulations.gov/
must be received by 11:59 p.m. eastern
time on February 13, 2025.
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.
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).
khammond on DSK9W7S144PROD with NOTICES
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
On November 15, 2024 (89 FR 90306),
we, the U.S. Fish and Wildlife Service
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(FWS), announced via the Federal
Register 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 located within the
Izembek National Wildlife Refuge and
Izembek Wilderness Area. We are now
extending the public comment period
on the draft supplemental EIS. We are
taking this action 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. 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. Comments
previously submitted need not be
resubmitted, as they will be fully
considered.
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 Unanga 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
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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 through 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
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Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices
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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
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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
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
You may submit written comments
and materials concerning the draft
supplemental EIS by one of the methods
listed in ADDRESSES. Comments
previously submitted need not be
resubmitted, as they will be fully
considered.
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
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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
Pub. L. 108–199, div. H, sec. 161,
January 23, 2004, 118 Stat. 452, as
amended by Pub. L. 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. 2024–31657 Filed 1–3–25; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Request for Public Comments
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661
Bureau of Indian Affairs
[256A2100DD/AAKC001030/
A0A501010.999900]
Receipt of Documented Petition for
Federal Acknowledgment as an
American Indian Tribe
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
The Department of the
Interior (Department) gives notice that
the group known as the Mattaponi
Indian Tribe and Reservation has filed
a documented petition for Federal
acknowledgment as an American Indian
Tribe with the Assistant Secretary—
Indian Affairs. The Department seeks
comment and evidence from the public
on the petition.
SUMMARY:
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]]>Agencies
[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 659-661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31657]
-----------------------------------------------------------------------
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; Extension of Public Comment Period
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability; extension of public comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), announce that we
are extending the public comment period for 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. Comments previously
submitted need not be resubmitted, as they will be fully considered.
DATES: Submitting Comments: The comment period for the draft
[[Page 660]]
supplemental EIS, notice of which published on November 15, 2024 (89 FR
90306), is extended. We must receive your written comments on or before
February 13, 2025. Comments submitted online at https://www.regulations.gov/ must be received by 11:59 p.m. eastern time on
February 13, 2025.
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.
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).
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
On November 15, 2024 (89 FR 90306), we, the U.S. Fish and Wildlife
Service (FWS), announced via the Federal Register 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 located within the Izembek National
Wildlife Refuge and Izembek Wilderness Area. We are now extending the
public comment period on the draft supplemental EIS. We are taking this
action 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. 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. Comments
previously submitted need not be resubmitted, as they will be fully
considered.
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 Unanga
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 through 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
[[Page 661]]
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 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. Comments
previously submitted need not be resubmitted, as they will be fully
considered.
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 Pub. L. 108-199, div. H, sec. 161, January 23, 2004, 118 Stat.
452, as amended by Pub. L. 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. 2024-31657 Filed 1-3-25; 8:45 am]
BILLING CODE 4333-15-P
