[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Notices]
[Page 8780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2776]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Availability of the Finding of No Significant Impact for the 
Lease of 22 Recreation Areas at Lake Oahe, Lake Francis Case, and Lewis 
and Clark Lake to the State of South Dakota

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act and 
implementing regulations, an Environmental Assessment (EA) has been 
prepared to evaluate the environmental impacts of a request by the 
State of South Dakota (State) to lease several recreation areas at Lake 
Oahe, Lake Francis Case, and Lewis and Clark Lake in South Dakota. The 
Omaha District, Corps of Engineers (Corps) proposes to issue a lease 
for 22 recreation areas to the State until they are transferred to the 
State pursuant to Section 225 of the Water Resources Development Act 
(WRDA) of 1999, Public Law 106-53 (Title VI), as amended by WRDA 2000.

FOR FURTHER INFORMATION CONTACT: Questions regarding the EA can be 
addressed to Patsy Freeman, U.S. Army Corps of Engineers, 215 North 
17th Street, Omaha, Nebraska 68102-4978, telephone at (402) 221-3803, 
or E-Mail [email protected].

SUPPLEMENTARY INFORMATION: The State has requested that the Government 
enter into a lease in order for the State to provide for the repair, 
maintenance, management, and operation of the recreation areas that 
will be transferred to the State under Title VI of Public Law 106-53. 
This EA evaluates the lease action and respective activities that are 
proposed at the 22 recreation areas and their expected environmental 
impacts.
    The alternatives evaluated consisted of either leasing the 22 
recreation areas to the State or denying the lease request (No Federal 
Action). Improvements proposed for several of the recreation areas are 
evaluated in detail. Under the no action alternative, the operation of 
the facilities would remain under the management of the Corps until the 
transfer occurred (January 2002), with the Corps responsible for all 
operations and maintenance.
    The EA and comments received from the public and other agencies 
have been used to determine whether the proposed action requires the 
preparation of an Environmental Impact Statement (EIS). Adverse effects 
of this action were deemed not to be significant. No adverse effects to 
federally listed threatened and endangered species are expected as a 
result of the proposed project. Conditions have been agreed upon by the 
Corps, the U.S. Fish and Wildlife Service, and the State that will 
reduce any potential effects. No historic properties would be adversely 
affected. The South Dakota State Historic Preservation Officer 
concurred with this determination, and all Missouri River Indian Tribes 
with an interest in the proposed action were given an opportunity to 
provide input on the preliminary finding. No Tribes objected or refuted 
the conclusions. No known sites involving the Native American Graves 
Protection and Repatriation Act (NAGPRA) are located on the sites 
proposed to be leased where proposed activities are to occur. All other 
environmental effects identified would be temporary and not 
significant.
    The majority of comments received by the public and Native American 
Tribes relate to perceived violation of treaties. Although Tribes are 
concerned that the lease of lands to the State would provide in essence 
an interest in the lands, the land would stay in Federal ownership 
throughout the short term of the lease, and activities thereon would be 
subject to Federal environmental and cultural protection laws.
    The cumulative effects of reasonably foreseeable future actions 
without the leases were assessed, including proposed urban development, 
land transfers, habitat mitigation, bank stabilization, recreation 
development, and future development on Tribal lands. The with and 
without lease future conditions would be the same. Therefore, the 
incremental cumulative impact of the proposed activities under the 
lease is not significant.
    It is my finding that the proposed action will not have a 
significant adverse effect on the environment and will not constitute a 
major Federal action significantly affecting the quality of the human 
environment. Therefore, an Environmental Impact Statement will not be 
prepared.

Gregory D. Showalter,
Army Federal Register Liaison Officer.
[FR Doc. 01-2776 Filed 2-1-01; 8:45 am]
BILLING CODE 3710-62-P