[Federal Register: May 18, 1999 (Volume 64, Number 95)] [Notices] [Page 27000-27002] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr18my99-96] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Reclamation Fish and Wildlife Service Multi-Species Conservation Program (MSCP) for the Lower Colorado River, Arizona, Nevada, and California ACTION: Notice of Intent to prepare an Environmental Impact Statement (EIS)/Environmental Impact Report (EIR) and notice of public scoping meetings. ----------------------------------------------------------------------- SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), Bureau of Reclamation (Reclamation), Fish and Wildlife Service (Service), and the Metropolitan Water District of Southern California, intend to prepare an EIS/EIR to evaluate the impacts associated with implementing the MSCP for the Lower Colorado River in the states of Arizona, Nevada, and California. DATES AND ADDRESSES: Written comments on conservation alternatives and issues to be addressed in the EIS/EIR are requested by July 27, 1999, and should be sent to Mr. Tom Shrader, Attention: LC-2500, Bureau of Reclamation, PO Box 61470, Boulder City, NV 89006-1470, or FAX'd to Mr. Shrader at (702) 293-8146. Oral and written comments will be accepted at the open house format public scoping meetings to be held at the following locations: June 15, 1999, 5:00 p.m., Bureau of Land Management Havasu Field Office, 2610 Sweetwater Drive, Lake Havasu City, Arizona. June 16, 1999, 5:00 p.m., Avi Hotel and Casino, 10000 Aha Macav Parkway, Laughlin, Nevada. June 17, 1999, 5:00 p.m., Henderson Convention Center, 200 South Water Street, Henderson, Nevada. June 22, 1999, 5:00 p.m., Yuma Desalting Plant, Bureau of Reclamation, 7301 Calle Agua Salada, Yuma, Arizona. June 23, 1999, 5:00 p.m., Arizona Department of Water Resources, conference rooms A and B, third floor, 500 North 3rd Street, Phoenix, Arizona. [[Page 27001]] June 30, 1999, 5:00 p.m., Veterans of Foreign Wars Hall Post 2987, 148 North 1st Street, Blythe, California. July 1, 1999, 5:00 p.m., Ontario Airport Marriott, 2200 East Holt Boulevard, Ontario, California. FOR FURTHER INFORMATION CONTACT: Mr. Tom Shrader, Manager, Environmental Compliance, Bureau of Reclamation at (702) 293-8703 or Mr. Gilbert D. Metz, Supervisory Coordinator for Federal Projects, Fish and Wildlife Service at (602) 640-2720, ext. 217. Questions regarding the CEQA process should be directed to Dr. Debbie Drezner, Metropolitan Water District at (213) 217-6218. Information on the purpose, membership, meeting schedules and documents associated with the MSCP may be obtained on the Internet at www.lcrmscp.org., with a supplemental link to Reclamation's web page at www.lc.usbr.gov. SUPPLEMENTARY INFORMATION: The proposed action is a multi-species conservation program that will move Federal and California Endangered Species Act (ESA and CESA) listed species, and potentially listed species, toward recovery while accommodating current water and power operations and optimizing opportunities for future water and power development. Reclamation and the Service are joint Federal leads for the EIS. The EIS will be the basis for (1) Reclamation's Record of Decision on implementing its portion of the MSCP and (2) the Service's Record of Decision on issuing an ESA section 10 permit. The EIS/EIR document will also include a biological assessment of Reclamation's ongoing and future discretionary actions, which the Service will utilize in preparing a biological opinion per section 7 of the ESA. The Metropolitan Water District is the designated CEQA lead agency for the EIR. The Lower Colorado River MSCP is a partnership of state, Federal, tribal, and other public and private stakeholders with interest in managing the water and related resources of the Lower Colorado River basin. In August of 1995, the Department of the Interior and the states of Arizona, Nevada, and California entered into a Memorandum of Agreement and later a Memorandum of Clarification (MOA/MOC) for Development of a Lower Colorado River Multi-Species Conservation Program. The purpose of the MOA/MOC was to initiate development of an MSCP that will: (1) conserve habitat and work toward the recovery of threatened and endangered species as well as reduce the likelihood of additional species listings under the ESA and the CESA, and (2) accommodate current water diversions and power production and optimize opportunities for future water and power development, to the extent consistent with the law. The participants agreed to develop, implement, and fund the MSCP. It was also agreed to pursue an ecosystem-based approach to developing the MSCP for interim and long-term compliance with applicable endangered species and environmental laws and to implement conservation and protection measures for included species and habitats. It is proposed that the MSCP will serve as a coordinated, comprehensive conservation approach for the lower Colorado River basin within the 100-year floodplain from below Glen Canyon Dam to the Southerly International Boundary with Mexico for a period of 50 years. Potential conservation measures or alternatives currently under consideration for various fish species (e.g., endangered razorback sucker) and their habitats may include evaluating the use of backwaters between native and nonnative species; managing to minimize conflicts between native and nonnative aquatic species by constructing isolated native fish refugia; restoring floodplain connections and ephemeral backwaters in an effort to restore floodplain functions; augmenting native fish populations through stocking and additional rearing capacity; implementing a genetic management plan for native fish populations; enhancing fish passage; managing to minimize take; and managing discretionary flows to enhance and restore habitat. Potential conservation measures or alternatives currently under consideration to benefit various bird species (e.g., endangered southwestern willow flycatcher) and their habitats may include protecting and restoring habitat; protecting existing habitat through activities such as managing access; maintaining hydrologic conditions; fire protection using prescribed fires/fire planning and postfire rehabilitation; converting agricultural land to habitat (acquire land and water rights from willing sellers); managing large mammal problems (e.g., burro grazing and trampling); controlling threats from other species such as cowbird trapping; vegetation management including the need to improve habitat; and manipulating discretionary flows to enhance and restore habitat. Additional conservation measures or alternatives may be identified during the scoping process. The needs of these and other species identified in the MSCP will be integrated to maximize biodiversity of the Lower Colorado River. Research and monitoring in combination with adaptive management will be used to facilitate accomplishment of these goals. Under the No Action/No Project alternative, it is assumed that some or all of the current and future projects proposed for coverage under the MSCP would be implemented, as long as they are in compliance with the ESA. The No Action/No Project alternative would imply that the impacts from these potential projects on sensitive species and habitats would be evaluated and mitigated on a project-by-project basis, as is presently the case. Individual ESA Section 10 permits would be required for activities involving take of listed species due to nonfederal projects/actions. Without a coordinated, comprehensive ecosystem-based conservation approach for the region, listed species may not be adequately addressed by individual project-specific mitigation requirements, unlisted ``at risk'' species would not receive proactive action intended to prevent their listing, and project-specific mitigation would be less cost effective in helping Federal and nonfederal agencies work toward recovery of listed species. Current independent conservation actions would continue, although some of these are not yet funded. A public involvement program has been initiated and will be maintained throughout this EIS/EIR process. The goal is to keep the public and affected parties informed and actively involved as the project evolves. Given the number of entities participating (Federal, State, and local governments, tribes, and private interest groups), successfully providing information and soliciting feedback are critical to the project's effectiveness. Probable Environmental Effects--Following is a preliminary list of probable environmental issues and effects associated with the project. Other issues may be identified during the internal MSCP and public scoping process. Until a firm proposal and alternatives with specific actions and locations are developed, it is difficult to predict specific impacts. Biological Resources--Among the endangered species known to use the project area are the southwestern willow flycatcher, Yuma clapper rail, razorback sucker, bonytail, peregrine falcon, and bald eagle (being considered for delisting). Of prime concern will be the conservation of these and other species, such as the yellow billed cuckoo (under review for listing under the ESA), and associated habitat within the 100-year floodplain. Overall impacts on [[Page 27002]] biological resources are expected to be positive. Hydrology and Water Quality--Certain conservation measures and flow regimes may alter onsite water resources, including waters of the United States [as defined in 40 CFR 230.3(s)], which are under the U.S. Army Corps of Engineers (Corps) jurisdiction. Under Section 404 of the Clean Water Act, the Corps is responsible for issuing a permit if a project may result in the placement of material into water of the United States. Until specific alternatives are developed, the effects on hydrology and water quality are unknown. Floodplains and Wetlands--Implementation of the MSCP will have overall beneficial impacts on floodplains and wetlands, especially in maintaining or creating backwaters (wetlands) and reestablishing native riparian habitat which is essential to the recovery of species. Municipal and Industrial Uses--Municipal and industrial water uses may be affected by various conservation measures that require additional water. However, it is the intent of the MSCP to accommodate these uses and optimize future opportunities while protecting threatened and endangered species and their habitat within the project area. Cultural Resources--The program could disturb or affect archaeological resources, traditional cultural properties, Indian sacred sites, and Indian Trust Assets. However, it is the intent of the MSCP to avoid such effects. Socioeconomics--The program may have overall beneficial socioeconomics effects on the Lower Colorado River. However, the extent of such effects will not be known until specific conservation alternatives are identified. Recreation--In addressing species needs, there may be adverse impacts to localized recreational uses such as motorized boating, off- highway vehicle use, and angling. Water and Hydroelectric Power Uses--Water and hydroelectric power uses may be affected by various conservation measures that involve discretionary release patterns. However, it is the intent of the MSCP to accommodate these uses while protecting threatened and endangered species and their habitat within the project area. Agricultural and Other Land Uses--Current agricultural resources or operations and land uses may be impacted. Land use and cropping patterns would change with the voluntary conversion of agricultural lands to native riparian habitat or the transfer of water rights for habitat maintenance and restoration. International Impacts--Potential trans-boundary impacts to Mexico will be identified and analyzed. The project will not affect the delivery of water pursuant to the Mexico Water Treaty. Environmental Justice--It is anticipated that the MSCP will not result in disproportionately high and adverse human health or environmental effects on minorities and/or low income populations. Related Project Documentation--It is anticipated that the EIS/EIR process will make full use (including incorporation by reference, as appropriate, pursuant to NEPA and CEQA) of the following project documents, copies of which are available for inspection at the Metropolitan Water District, Reclamation, and Service offices: Bureau of Reclamation, Description and Assessment of Operations, Maintenance, and Sensitive Species of the Lower Colorado River--Final Biological Assessment, August 1996. Fish and Wildlife Service, Biological and Conference Opinion on Lower Colorado River Operations and Maintenance--Lake Mead to Southerly International Boundary, April 1997. Starting in June 1999, these documents may also be accessed through Reclamation's web site at www.lc.usbr.gov. The draft EIS/EIR is expected to be completed by June 2000. Dated: May 5, 1999. LeGrand Neilson, Assistant Regional Director, Lower Colorado Region, Bureau of Reclamation. Geoffrey L. Haskett, Acting Regional Director, Fish and Wildlife Service. [FR Doc. 99-12316 Filed 5-17-99; 8:45 am] BILLING CODE 4310-94-P