[Federal Register Volume 66, Number 35 (Wednesday, February 21, 2001)]
[Notices]
[Page 11008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4248]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


Intent To Prepare a Draft Environmental Impact Statement (DEIS) 
for the Transfer of Federal Lands to the State of South Dakota

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

ACTION: Notice of intent.

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SUMMARY: In accordance with the National Environmental Policy Act 
(NEPA) and implementing regulations, a DEIS will be prepared to conduct 
a comprehensive study of the potential impacts of the transfer of Corps 
of Engineers lands to the State of South Dakota for fish and wildlife 
purposes, or recreation uses, in perpetuity.

FOR FURTHER INFORMATION CONTACT: To request additional information, 
please contact Patsy Freeman, CENWO-PM-AE, 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: As a result of section 605 of the 
legislation of the Water Resources Development Act (WRDA) Public Law 
106-53, August 17, 1999, as amended by WRDA 2000, Title VI--Cheyenne 
River Sioux Tribe, Lower Brule Sioux Tribe, and State of South Dakota 
Terrestrial Wildlife Habitat Restoration Act, the Secretary of the Army 
is required to transfer approximately 92,000 acres of land and 
recreation areas at Lake Oahe, Lake Sharpe, Lewis & Clark Lake, and 
Lake Francis Case in South Dakota to the Department of Game, Fish & 
Parks of the State of South Dakota (SDGFP) for fish and wildlife 
purposes, or recreation uses, in perpetuity. These lands are located 
above the top of the exclusive flood pool levels of the Oahe, Big Bend, 
Fort Randall and Gavin's Point projects; were acquired by the Secretary 
for the implementation of the Pick-Sloan Missouri River Basin program; 
are located outside the external boundaries of a reservation of an 
Indian Tribe; and are located within the State of South Dakota. Section 
605 also states that the following provisions of law shall apply to 
land transferred to the State: (1) The National Historic Preservation 
Act, (2) the Archaeological Resources Protection Act of 1979, and (3) 
the Native American Graves Protection Act and Repatriation Act.
    Approximately 54 recreation areas will be transferred. WRDA 2000 
requires transfer of recreation areas by January 1, 2002. The 
legislation also requires 42,000 acres of land to be transferred to the 
Department of the Interior to be held in trust for two Indian Tribes 
(Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe). That 
action is categorically excluded from preparation of a NEPA document 
and will occur separately.
    1. Because the Corps of Engineers has no discretion with respect to 
transfer of the land, no reasonable alternatives to the transfer of 
land to the State of South Dakota exist as a result of the legislation 
associated with the action (WRDA, Public Law 106-53). The alternatives 
that will be discussed are (1) the transfer of all required lands to 
the State of South Dakota, and (2) the No Action alternative. NEPA 
requires consideration of the ``No Action'' alternative, which in this 
case would be no transfer (continued management by the Corps of 
Engineers). Implementation of the ``No Action'' alternative is not 
within the authority of the Corps. To rescind Public Law 106-53, 
congressional action would be required. Since there is no agency 
decision-making associated with this action, the EIS is being prepared 
for the purposes of public disclosure.
    2. Nothing in the Title VI (title) diminishes or affects (a) any 
water right of an Indian Tribe; (b) any other right of an Indian Tribe, 
except as specifically provided in another provision of the title; (c) 
treaty right that is in effect on the date of enactment of this Act; 
(d) any external boundary of an Indian reservation of an Indian Tribe; 
(e) any authority of the State of South Dakota that relates to the 
protection, regulation, or management of fish, terrestrial wildlife, 
and cultural and archaeological resources, except as specifically 
provided in the title; or (f) any authority of the Secretary, the 
Secretary of the Interior, or the head of any other Federal agency 
under a law in effect on the date of enactment of the Act, including 
the National Historic Preservation Act, the Archaeological Resources 
Protection Act of 1979, the Fish and Wildlife Coordination Act, the Act 
entitled ``An Act for the protection of the bald eagle'' approved June 
8, 1940, the Migratory Bird Treaty Act, the Endangered Species Act of 
1973, the Native American Graves Protection and Repatriation Act, the 
Federal Water Pollution Control Act (commonly known as the ``Clean 
Water Act''), the Safe Drinking Water Act, and the National 
Environmental Policy Act of 1969.
    3. Public scoping meeting will be held on the following dates at 
the following locations: March 12, 2001 at 5PM at the Cedar Shore 
Resort, 1500 Shoreline Drive in Oacoma, SD; March 13, 2001 at the 
Wrangler Motor Inn, 800 West Grand Crossing in Mobridge, SD; March 14, 
2001 at the Best Western Ramkota Hotel, 920 West Sioux Avenue in 
Pierre, SD; and March 15, 2001 at Dave's at the Best Western, 1607 East 
Hwy 50 in Yankton, SD. An Open House session will be held at 5 PM, with 
the formal session beginning at 7 PM.
    Results from the public scoping meeting(s) with the District and 
Federal, State and local agency coordination will be addressed in the 
DEIS. Parties interested in receiving notices of public scoping 
meeting(s) or copies of the Scoping Document should contact Patsy 
Freeman at the above address.
    4. Federal agencies interested in participating as a Cooperating 
Agency are requested to submit a letter of intent to Colonel Mark E. 
Tillotson, District Engineer, at the above address.
    5. Estimated Date of DEIS availability: July 2001.

Candace M. Gorton,
Chief, Environmental and Economics Section, Planning Branch, Planning, 
Programs and Project Management Division.
[FR Doc. 01-4248 Filed 2-20-01; 8:45 am]
BILLING CODE 3710-62-P