[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Notices]
[Pages 45683-45684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22895]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Programmatic Environmental Impact Statement/Environmental Impact 
Report on the CALFED Bay-Delta Program, San Francisco Bay/Sacramento-
San Joaquin River Delta, California

AGENCY: Bureau of Reclamation, Interior.

ACTION: Supplemental notice of intent to prepare an environmental 
impact statement/environmental impact report.

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SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental 
Policy Act (NEPA), the Bureau of Reclamation (Reclamation) is issuing 
this supplemental notice of intent (NOI). The original NOI titled, 
``Programmatic Environmental Impact Statement/Environmental Impact 
Report on the CALFED Bay-Delta Program, San Francisco Bay/Sacramento-
San Joaquin River Delta, California'' was published in the Federal 
Register at 61 FR 10379, Mar. 13, 1996. The NOI summarized the CALFED 
Program, the Programmatic Environmental Impact Statement/Environmental 
Impact Report (EIS/EIR), and provided a list of scoping meeting dates 
and locations.
    This notice supplements the original NOI to expand the scope of the 
Programmatic EIS/EIR to include the preparation of a Habitat 
Conservation Plan (HCP) as defined under Section 10 of the Federal 
Endangered Species Act (FESA) and satisfying the requirements of the 
California Endangered Species Act (CESA). The CALFED agencies intend to 
prepare an HCP and the State agencies intend to apply for an incidental 
take permit, pursuant to FESA and CESA. Both FESA and CESA require 
permits for any activity which could result in ``take'' of threatened 
and endangered species. The HCP planning process is intended to ensure 
that the effects of the incidental take are avoided, minimized, or 
mitigated to the extent practicable. In addition, the Federal agencies 
will consult with the U.S. Fish and Wildlife Service and the National 
Marine Fisheries Service (Services) pursuant to Section 7 of FESA. This 
consultation will be coordinated with the HCP planning process. NEPA 
requires that Federal agencies assess the environmental impacts of 
agency actions. A joint programmatic EIS/EIR will be prepared pursuant 
to NEPA and the California Environmental Quality Act (CEQA) to evaluate 
potential impacts associated with the actions contained within an HCP 
and subsequent issuance of an incidental take permit.
    Upon receipt of an application or request for an incidental take 
permit, the Services must evaluate whether to issue an incidental take 
permit for the Bay-Delta Program under section 10(a)(1)(B) of the FESA 
and the California Department of Fish and Game (DFG) must evaluate 
whether to authorize take under CESA or the Natural Community 
Conservation Program Act (NCCPA). The Programmatic EIS/EIR will include 
an analysis of the HCP and Program alternatives as part of the Bay-
Delta Program and the action of the Services' issuance of an incidental 
take permit and DFG's approval of a management authorization. If an HCP 
is approved and an incidental take permit issued, non-Federal members 
of CALFED would receive assurances, pursuant to the Department of the 
Interior's No Surprises Policy. The purpose of this HCP is to provide 
comprehensive, long-term conservation of threatened and endangered 
species such that the plan participants can be assured that in the 
event of unforeseen circumstances, no additional land, funds, or 
restrictions on covered program actions will be required.

DATES: Written public comments on the options for structuring an HCP 
and the potential of granting assurances by way of the HCP process 
should be sent to CALFED by October 20, 1997.
    Three CALFED status/HCP and NEPA scoping meetings are scheduled to 
solicit public input. Specific times and locations of these meetings 
will be sent to individuals, agencies, and organizations on the CALFED 
mailing list and will be published in local newspapers prior to the 
meeting dates.
     September 16, 1997, Redding, California.
     September 23, 1997, Sacramento, California.
     October 2, 1997, Los Angeles, California.
    In addition, the CALFED Bay-Delta Program will hold public meetings 
or workshops to discuss the development of the HCP and the Programmatic 
EIS/EIR. These meetings will occur in advance of the Program's issuing 
a draft Programmatic EIS/EIR for the CALFED Bay-Delta Program.

ADDRESSES: Written comments on the proposal to prepare an HCP for the 
CALFED Bay-Delta Program should be sent to Ms. Sharon Gross, CALFED 
Bay-Delta Program, 1416 Ninth Street, Suite 1155, Sacramento, 
California 95814.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Gross at the above address 
or call at the CALFED Bay-Delta Program Office at (916) 657-2666.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Ecosystem Directorate (FED) and the Governor's Water 
Policy Council of the State of California (Council), are jointly known 
as CALFED. The CALFED Bay-Delta Program is a joint effort among State 
and Federal agencies with management and regulatory responsibilities in 
the Sacramento-San Joaquin River Bay-Delta system of California. The 
Federal co-lead agencies include the U.S. Environmental Protection 
Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, 
Bureau of Reclamation, National Marine Fisheries Service, and the 
National Resources Conservation Service. The U.S. Forest Service, 
Western Area Power Administration, Bureau of Land

[[Page 45684]]

Management, and the U.S. Geological Survey are participating as 
cooperating Federal agencies. The State of California Resources Agency 
is the lead agency under CEQA. Responsible State agencies include 
California Department of Fish and Game, California Department of Water 
Resources and the State Water Resources Control Board. The mission of 
the CALFED Bay-Delta Program is to develop a long-term comprehensive 
plan that will restore ecological health and improve water management 
for beneficial uses of the Bay-Delta system. The Program addresses four 
primary resource areas; ecosystem quality, water quality, water supply 
reliability, and system vulnerability.

B. Proposed Action

    1. The CALFED agencies will develop a HCP and certain nonfederal 
CALFED agencies intend to apply for an incidental take permit, pursuant 
to section 10 of the FESA as part of the CALFED Bay-Delta Program. The 
CALFED agencies will seek incidental take coverage and assurances (for 
the nonfederal agencies) for state and federally listed species, as 
well as currently unlisted species should they become listed in the 
future. In addition, the Federal agencies will consult pursuant to 
Section 7, and will coordinate that process with the HCP planning 
process. The level of assurances provided will depend on the specific 
actions covered by the HCP, the level of detail provided in the HCP, 
and on the unique circumstances of each species; assurances must be 
consistent with the requirements of the State and Federal Endangered 
Species Acts and other applicable laws.
    2. The Programmatic EIS/EIR for the CALFED Bay-Delta Program will 
include an evaluation of the environmental impacts associated with the 
HCP and Program alternatives for the purpose of the Services' and DFG's 
determination on whether to issue an incidental take permit.
    3. The HCP will include, among other things, an adaptive management 
plan and monitoring requirements.

C. HCP Options

    The CALFED agencies are considering several options for the 
structure of an HCP.
    1. Standard HCP: Develop a comprehensive HCP that would address all 
reasonable and foreseeable activities and associated impacts under 
consideration for the program. Assurances to appropriate entities would 
be commensurate with the level of specificity and detail provided in 
the HCP.
    2. Phased HCP with Conditioned Permit: Develop an initial HCP for 
the Bay-Delta Program which addresses all known actions; supplemental 
HCPs (and appropriate CEQA and NEPA compliance) would be developed in 
the future as unknown/undefined program components became defined. Upon 
determination by the Services that issuance criteria have been met, an 
incidental take permit for the whole Bay-Delta Program would be issued; 
the permit would be conditioned to become effective in stages 
corresponding to approval of supplemental HCPs. Assurances to 
appropriate entities would become effective in stages.
    3. Phased HCP with Permit Amendments: Develop an initial HCP for 
the Bay-Delta Program which covers all known actions; subsequent 
supplemental HCPs (and appropriate CEQA and NEPA compliance) would be 
developed in the future as unknown/undefined program components became 
defined. An incidental take permit, covering only those actions 
included in the initial HCP, would be issued upon approval of the 
initial HCP. Permit amendments would be processed as supplemental HCP's 
were approved. Assurances would be provided to appropriate entities 
only for that portion of the overall Program as covered by each permit 
or amended permit.

D. Scope of Comments

    1. The CALFED agencies are seeking comments on the HCP options 
outlined above and are seeking comments on additional ideas for HCP 
options not discussed above.
    2. The CALFED agencies are seeking comments on assurances provided 
in conjunction with an HCP, pursuant to the Department of the 
Interior's No Surprises Policy, which would be given to non-Federal 
participants.

    Note: If special assistance is required, contact Ms. Pauline 
Nevins at least one week prior to each public meeting to enable 
CALFED to secure the needed services. If a request cannot be 
honored, the requestor will be notified. A telephone device for the 
hearing impaired (TDD) is available from TDD phones at 1-800-735-
2929; from voice phones at 1-800-735-2922.

    Dated: August 22, 1997.
Roger Patterson,
Regional Director, Mid-Pacific Region.
[FR Doc. 97-22895 Filed 8-27-97; 8:45 am]
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