[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78781-78783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25252]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Fish and Wildlife Service
[BLM_FRN_MO4500175331]
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement To Reconsider a Highway Right-of-Way Application and
Associated Amendment of an Incidental Take Permit, Washington County,
Utah
AGENCY: Bureau of Land Management, Fish and Wildlife Service, Interior.
ACTION: Notice of intent.
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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, intend to prepare a
Supplemental Environmental Impact Statement (SEIS) 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 Section 10(a)(1)(B) of
the ESA. This notice announces the beginning of the scoping process to
solicit public comments and identify issues.
DATES: This notice initiates the public scoping process for the SEIS.
The BLM and FWS request the public submit comments concerning the scope
of the analysis, potential alternatives, impacts of the proposed action
and alternatives, and identification of relevant information and
studies by December 18, 2023. To afford the BLM and FWS the opportunity
to consider comments in the Draft SEIS, please ensure your comments are
received prior to the close of the 30-day scoping period or 15 days
after the last public meeting, whichever is later.
ADDRESSES: You may submit comments related to the highway ROW and
associated amendment of an ITP by any of the following methods:
Website: https://eplanning.blm.gov/eplanning-ui/project/2026562/510.
Mail: Bureau of Land Management, Attn: Northern Corridor
SEIS, 345 East Riverside Drive, St. George, UT 84790.
Documents pertinent to this proposal may be examined online at
https://eplanning.blm.gov/eplanning-ui/project/2026562/570 and at the
BLM St. George Field Office.
FOR FURTHER INFORMATION CONTACT: Dawna Ferris-Rowley, 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]. Contact Ms. Ferris-Rowley 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 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.
SUPPLEMENTARY INFORMATION: The BLM and FWS are issuing this Notice of
Intent pursuant to NEPA, 42 United States Code (U.S.C.) 4321 et seq.;
the Council on Environmental Quality regulations for implementing NEPA,
43 Code of Federal Regulations (CFR) parts 1500-1508; and the
Department of the Interior's NEPA regulations, 43 CFR part 46.
The SEIS is being prepared to supplement the analysis contained in
the 2020 Final EIS (FEIS) by BLM and FWS (the entire FEIS can be found
at: https://eplanning.blm.gov/eplanning-ui/project/1502103/570).
On September 4, 2018, UDOT submitted an application 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
National Conservation Area (NCA) and Red Cliffs Desert Reserve. To
consider the application, the BLM needed to also consider amending the
St. George Field Office and Red Cliffs NCA Resource Management Plans
(RMPs). The Red Cliffs NCA was established through the passage of the
Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www), and the
Red Cliffs Desert Reserve was established for the protection of the
Mojave desert tortoise under the 1995 Washington County Habitat
Conservation Plan. In 2015, pursuant to Section 10(a)(1)(B) of the ESA,
Washington County applied to renew and amend the ITP. The restated and
amended Habitat Conservation Plan associated with the ITP application
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.
In accordance with NEPA, the BLM and FWS prepared an EIS to analyze
the environmental impacts associated with the proposed action and
reasonable alternatives. The BLM also consulted with the FWS to meet
the requirements in Section 7 of the ESA. The FWS issued a biological
opinion to the BLM that determined the ROW and amendments to the RMPs
were not likely to jeopardize the continued existence of the Mojave
desert tortoise and that they were not likely to destroy or adversely
modify designated critical habitat for the desert tortoise. The FWS
issued an intra-agency biological opinion which determined that the ITP
is not likely to jeopardize the continued existence of the Mojave
desert tortoise, Holmgren milkvetch, Shivwits milkvetch, dwarf bear-
poppy, Siler
[[Page 78782]]
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.
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, that the FEIS 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.
As part of the ongoing litigation, the United States moved for the
remand and partial vacatur of BLM's and FWS's 2021 decisions. In the
motion, the United States acknowledged that the BLM did not comply with
the NHPA as well as the BLM's and FWS's substantial and legitimate
concerns that the FEIS may lack sufficient analysis of certain resource
effects (see Summary of Expected Impacts). In addition to that pending
motion, the United States and Plaintiffs have also reached a settlement
agreement.
Purpose and Need for the Proposed Action
In 2018, UDOT applied for a ROW to construct a multi-lane, divided
highway on BLM-administered lands within the Red Cliffs NCA and the
overlapping Red Cliffs Desert Reserve. In January 2021, after
completing the FEIS, the Secretary of the Interior approved the ROW
application, and the BLM issued a FLPMA Title V ROW grant to UDOT. Per
the motion and by the terms of the settlement agreement, the BLM's
purpose and need for this action is to reconsider the 2018 ROW
application to determine whether the BLM will approve, approve with
modifications, or deny the application. The FWS's purpose and need for
action is to consider an amendment of Washington County's ITP
consistent with the BLM's reconsideration of UDOT's ROW application.
Preliminary Proposed Action and Alternatives
At this time, the BLM anticipates the range of alternatives
analyzed in detail in the SEIS will be substantially similar to those
analyzed in the FEIS completed in 2020 for the ROW alignments. The FWS
anticipates the ITP-related alternatives will range between amending
the ITP or not amending the ITP corresponding with the BLM's range of
alternatives. The SEIS will not reconsider any amendments to the BLM's
RMPs. The BLM and FWS welcome comments on all preliminary alternatives
as well as suggestions for additional alternatives.
Summary of Expected Impacts
The impacts disclosed in the SEIS are expected to substantially
align with the impacts that were analyzed in the 2020 FEIS with
additional analysis of potential impacts, including further analysis of
the effects of the construction and use of the Northern Corridor
Project in the context of 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. The BLM is concerned that
supplemental analysis may be needed to better inform its review of the
potential impacts of UDOT's ROW application in light of impacts from
wildfires to the desert tortoise and its habitat. The BLM also intends
to complete the consultation requirements under the NHPA before issuing
a new ROW decision.
Anticipated Permits and Authorizations
The BLM will reconsider UDOT's 2018 ROW application and decide
whether to approve, approve with modifications, or deny UDOT's ROW
application. The FWS will determine whether to amend Washington
County's ITP for the Mojave desert tortoise.
Schedule for the Decision-Making Process
The BLM and FWS will provide additional opportunities for public
participation consistent with the NEPA process, including a 45-day
comment period on the Draft SEIS. The Draft SEIS is anticipated to be
available for public review in spring 2024, and the Final SEIS is
anticipated to be released in September 2024 with Records of Decision
in November 2024.
Public Scoping Process
This Notice of Intent initiates the scoping period. The BLM and FWS
will be holding one in-person public scoping meeting in St. George,
Utah. The specific date and location of the scoping meeting will be
announced in advance through local media, the ePlanning project page
(see ADDRESSES), and the BLM website (see ADDRESSES).
Lead and Cooperating Agencies
Lead agencies are the BLM and the FWS. Based on who participated in
the FEIS, cooperating agencies are likely to include the State of
Utah--Public Lands Policy Coordinating Office, Washington City, Dixie
Metropolitan Planning Organization, the City of St. George, the City of
Ivins, Santa Clara City, and the City of Hurricane.
Responsible Officials
The responsible official for the BLM is the BLM Utah State
Director. The scope of the State Director's decision is limited to the
ROW. If the decision authorizes issuance of a new ROW grant, the St.
George Field Manager will be the responsible official to issue the
grant. The responsible official for the FWS is the Deputy Regional
Director for the Mountain-Prairie Region. The scope of the Deputy
Regional Director's decision is limited to the ITP for the Mojave
desert tortoise.
Nature of Decision To Be Made
The Responsible Officials will determine whether to approve,
approve with modifications, or deny the 2018 ROW application for the
construction of a highway (BLM) and what amendments, if any, are needed
to the ITP (FWS).
Additional Information
The BLM and FWS will identify, analyze, and consider mitigation to
address the reasonably foreseeable impacts to resources from the
proposed action and all analyzed reasonable alternatives and, in
accordance with 40 CFR 1502.14(e), include appropriate mitigation
measures not already included in the proposed action or
[[Page 78783]]
alternatives. Mitigation may include avoidance, minimization,
rectification, reduction or elimination over time, and compensation;
and may be considered at multiple scales, including the landscape
scale.
The BLM and FWS will utilize and coordinate the NEPA process to
help support compliance with applicable procedural requirements under
the ESA (16 U.S.C. 1536). BLM will also use 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 will assist the BLM in
identifying and evaluating impacts to such resources. The BLM will also
consult on cultural resources and create a Memorandum of Agreement with
consulting parties.
The BLM and FWS will consult with Indian 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.
Federal, State, and local agencies, along with Indian Tribal Nations
and other stakeholders that may be interested in or affected by the
proposed action the BLM and the FWS are evaluating, are invited to
participate in the scoping process and, if eligible, may request or be
requested by the BLM and FWS to participate in the development of the
environmental analysis as a cooperating agency.
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
include in your comment a request to withhold your personal identifying
information from public review, the agencies cannot guarantee that they
will be able to do so.
(Authority: 40 CFR 1501.9)
Gregory Sheehan,
State Director.
Anna Munoz,
Deputy Regional Director.
[FR Doc. 2023-25252 Filed 11-15-23; 8:45 am]
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