[Federal Register Volume 66, Number 226 (Friday, November 23, 2001)]
[Notices]
[Pages 58713-58715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29276]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Yuma Training Range Complex, Arizona 
and California

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

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SUMMARY: Pursuant to section 102(c) of the National Environmental 
Policy Act (NEPA) of 1969, and the Council on Environmental Quality 
regulations (40 CFR parts 1500-1508), the Department of the Navy has 
reevaluated the potential for cumulative effects on Sonoran pronghorn 
in a Supplemental Environmental Impact Statement (SEIS) and announces 
its decision to continue upgrading the capability of the Yuma Training 
Range Complex (YTRC).

ADDRESSES: Questions regarding the SEIS prepared for this action may be 
directed to Commander, Southwest Division, Naval Facilities Engineering 
Command, 1220 Pacific Highway, San Diego, CA 92132-5190 (Attn: Ms. Deb 
Theroux).

FOR FURTHER INFORMATION CONTACT: Ms. Deb Theroux, telephone (619) 532-
1162.

SUPPLEMENTARY INFORMATION: The Marine Corps completed an Environmental 
Impact Statement (EIS) in 1997 addressing its military aviation and 
associated training impacts on the YTRC. This Complex includes portions 
of the Barry M. Goldwater Range, AZ, which contains habitat for the 
Sonoran pronghorn (Antilocapra americana sonoriensis), an endangered 
species.
    On February 12, 2001, the United States District Court for the 
District of Columbia found the cumulative impact analysis in the 1997 
YTRC EIS deficient in that it failed to provide sufficient analysis of 
cumulative impacts on the Sonoran pronghorn in accordance with 40 CFR 
1508.7. The court remanded the matter to the Marine Corps for further 
consideration of such impacts. The court also found the Biological 
Opinion rendered by the U.S. Fish and Wildlife Service (USFWS) pursuant 
to section 7 of the Endangered Species Act addressing actions described 
in the 1997 EIS deficient in that it failed to provide sufficient 
analysis of cumulative impacts on the Sonoran pronghorn. The court 
remanded the Biological Opinion to USFWS for further consideration of 
such impacts.
    The Department of the Navy prepared a supplement to the EIS, in 
accordance with 40 CFR 1502.9(c), that evaluates the cumulative impacts 
on the Sonoran pronghorn of Marine Corps actions when added to other 
past, present, and reasonably foreseeable future actions regardless of 
what agency or person undertakes such other actions. Also, USFWS 
reissued the Biological Opinion addressing upgrade of the YTRC based in 
part on new information provided by the Marine Corps developed during 
preparation of the SEIS.
    Based upon the new Biological Opinion issued by the USFWS and the 
analysis of cumulative effects in the Supplemental EIS, the Department 
of the Navy has determined there is no need to amend the actions 
selected for

[[Page 58714]]

implementation in the Record of Decision published in the Federal 
Register on October 2, 1998. Actions approved in this decision will 
continue to be implemented as funds become available. However, 
additional mitigation measures identified in the Biological Opinion and 
Final SEIS will be made a part of the approved actions. Therefore, the 
October 2, 1998, Record of Decision is modified, as discussed in the 
following paragraphs, to address the cumulative effects analysis 
discussed in the SEIS and incorporate additional mitigation measures.

Cumulative Effects and Other Actions Considered

    Cumulative effects are those additive or interactive effects that 
would result from the incremental impact of the proposed actions when 
added to other past, present, and reasonably foreseeable future actions 
regardless of what agency (federal or non-federal) or person undertakes 
such other actions. In accordance with the Court's order, the purpose 
of the SEIS is limited to a reconsideration of the cumulative impacts 
of the proposed actions and alternatives examined in the YTRC FEIS 
together with other relevant past, present, and reasonably foreseeable 
future actions on Sonoran pronghorn.
    Through coordination with agencies operating within and having 
management responsibilities in the region within the current 
distribution of Sonoran pronghorn, 68 past, present, and reasonably 
foreseeable future actions were identified. Examples of other actions 
considered included past mining and ranching, transportation and 
utility corridors, recreation, agriculture, scientific research, patrol 
for undocumented aliens, military activities conducted by the Air Force 
and other branches of service, and proposed residential developments.
    All of the YTRC alternatives as well as the 68 other past, present, 
and reasonably future actions were evaluated using criteria derived 
from the five delisting factors established in the Endangered Species 
Act. The evaluation criteria included the following:

--Habitat loss or curtailment, including barriers or impediments to 
movement or access to habitat.
--Habitat modification or diminished quality of habitat, including 
habitat fragmentation and degraded air quality.
--Overutilization (e.g., hunting and research activities) of Sonoran 
pronghorn.
--Disease and predation, including the potential of increasing predator 
populations or opportunities for predators to prey on Sonoran 
pronghorn.
--Management or regulatory conflicts.
--Death or injury of Sonoran pronghorn, including potential death or 
injury from collisions with vehicles, and munitions delivery or 
detonations.
--Harassment of Sonoran pronghorn, including surface vehicles, human 
presence, surface noise sources, overflight noise, and visual presence 
of aircraft.
--Diminished fawn recruitment.
--Exposure to toxic substances or materials, including toxins found in 
forage plants or surface water and exposure to harmful radio frequency 
energy.

    In addition, actions in the region (including those within the 
Chocolate Mountain Range), but outside of the current distribution area 
of the Sonoran pronghorn, were evaluated for their potential to 
influence a change that could affect Sonoran pronghorn or its habitat. 
Actions in the region were also evaluated for their potential to result 
in an environmental effect that might be transported or transferred 
(for example, by water runoff or wind) into the current distribution 
area of the Sonoran pronghorn.
    The following summarizes the SEIS findings of the analysis of the 
potential cumulative effects on Sonoran pronghorn resulting from the 
YTRC actions combined with and other past, present, and reasonably 
foreseeable future actions:

--The cumulative effects of past actions and climatic factors reduced 
the range and size of the Sonoran pronghorn population to its current 
endangered status. The limited range of this subspecies, its division 
into three isolated subpopulations, and its relatively small population 
size exacerbate effects of currently active factors.
--The Sonoran pronghorn is not threatened with further significant 
habitat loss or degradation as a result of current or reasonably 
foreseeable future actions.
--The timing, distribution, and abundance of rainfall--above all other 
currently active factors and activities--control the prospect for the 
long-term survival and potential recovery of the Sonoran pronghorn 
through the influence of precipitation patterns on the availability of 
adequate forage.
--A near-term threat to the continued survival of the Sonoran pronghorn 
without significant management intervention is the advancing age of its 
current population. More than half of the existing population will 
likely die over the next two to three years of advanced age factors 
even with favorable rainfall and forage production. Adequate rainfall 
and forage production is essential over this same period if the losses 
of older animals are to be offset by fawn recruitment.
--Sonoran pronghorn casualties have occurred as a result of the capture 
and radio-collaring program. However, the risks of death or injury of 
Sonoran pronghorn from munitions delivery training and vehicle use are 
manageable and have not posed significant incremental impacts on this 
subspecies.
--No cumulative impacts on the U.S. Sonoran pronghorn population were 
found to be occurring as a result of hunting, abnormal disease or 
predation rates induced by human activities, management or regulatory 
conflicts, or exposure to toxic substances or materials.
--Marine Corps air and surface activities within the BMGR, and within 
the restricted airspace overlying the Cabeza Prieta NWR have 
contributed some incremental, adverse effects to the overall cumulative 
impacts on Sonoran pronghorn. These effects, however, are of negligible 
magnitudes and none are significant.

Mitigation

    The original 1997 YTRC FEIS includes ongoing procedures that the 
Marine Corps implements to help protect environmental resources and 
mitigation measures to be applied in response to implementation of the 
proposed actions. These mitigation measures shall continue to be 
implemented.
    Based on the findings of the SEIS, the Marine Corps commits to 
implementing the following additional mitigation measures:
--In coordination with other federal agencies, the Marine Corps will 
study the potential effects of chaff on Sonoran pronghorn with an 
emphasis on the possible toxic conditions of chaff contamination in 
waters located on the Barry M. Goldwater Range and Cabeza Prieta 
National Wildlife Refuge. By the middle of fiscal year 2002, a study 
design will be provided to the USFWS for approval. If adverse effects 
are identified, the report on the study will include recommendations 
for reducing or eliminating adverse effects of chaff on Sonoran 
pronghorn. In coordination with the USFWS, the Marine Corps will 
implement the

[[Page 58715]]

recommendations within two years of the date of the final report.
--The Marine Corps will support its fair share of the 51 management and 
research projects developed by the Sonoran Pronghorn Recovery Team to 
promote recovery of the subspecies. These projects may be conducted in 
coordination with other agencies. Projects will be implemented 
beginning in fiscal years 2002 and 2003 to the extent that funding is 
available.
--The Marine Corps will provide the USFWS Phoenix Ecological Services 
Office and the Cabeza Prieta National Wildlife Refuge with an annual 
monitoring report that provides information on the prior year's 
implementation progress for the mitigation measures described above as 
well as any terms and conditions or reasonable and prudent alternatives 
listed in the Biological Opinion. The report will also include the date 
and location of any Sonoran pronghorn observed by Marine Corps 
personnel, including observations of injured or dead Sonoran pronghorn. 
Reports that may be produced in association with implementation of the 
mitigation measures or the Biological Opinion will be appended to the 
annual monitoring report. The first annual report will be submitted by 
1 March 2002.
--The Marine Corps will support closure of the Mohawk Valley area of 
BMGR--West to public use from 15 March to 15 July beginning in 2002 to 
reduce the potential for human disturbance of Sonoran pronghorn during 
the period that is critical to early fawn survival. The Marine Corps 
will also support the permanent closure of roads within this area that 
are not needed for administrative agency use. The roads selected for 
closures will be identified by 1 October 2002 through consultation with 
the USFWS and other agency partners participating in the ongoing 
development of the Barry M. Goldwater Range Integrated Natural 
Resources Management Plan. By 15 March 2003, routes will be signed, and 
permanently closed routes will be blocked with physical barriers. The 
Marine Corps will construct an interpretive kiosk at the entrance to 
Barry M. Goldwater Range on the road from Tacna. Text for the kiosk 
will be prepared in coordination with USFWS and will describe 
regulations for public use of the range.

Biological Opinion

    As noted earlier, USFWS issued a new Biological Opinion addressing 
the YTRC upgrades. USFWS determined the action will not jeopardize the 
existence of the Sonoran pronghorn. USFWS believes low-level helicopter 
use should avoid areas of significant pronghorn use to minimize adverse 
effects from helicopters on the pronghorn and its habitat, particularly 
areas important for fawns and their mothers. Accordingly, USFWS issued 
two terms and conditions regarding low-level helicopter use: one low-
level route utilized by helicopters over the Cabeza Prieta National 
Wildlife Refuge should be modified in order to further reduce impacts 
on the Sonoran pronghorn, all helicopters between March 15 and July 15 
of year year, except those participating in the Weapons Tactics 
Instructors course, should remain west of the current range of the 
Sonoran pronghorn, or on designated transit routes, or above 1,000 feet 
above ground level. These terms and conditions will be implemented. 
USFWS anticipates that no more than 6 Sonoran pronghorns could be taken 
as an incidental result of the proposed action. The incidental take is 
expected to be in the form of harassment. This incidental take 
provision will be reviewed concurrent with subsequent reviews of the 
Barry M. Goldwater Range Integrated Natural Resources Management Plan. 
Said reviews are required every five years.

Conclusion

    All practicable means to avoid or minimize environmental harm from 
implementing the upgrades to the YTRC have been considered. After 
considering the requirements of the Marine Corps, the potential 
environmental impacts of this action, social and economic concerns, and 
all comments received during the EIS process, I have determined that 
the decisions made pursuant to the 1997 YTRC FEIS shall proceed as 
discussed in the SEIS, and that Marine Corps actions to manage the 
western portion of the Barry M. Goldwater Range for military aviation 
activities, when added to other past, present, and reasonably 
foreseeable future actions, will not have cumulative significant 
impacts on the Sonoran pronghorn.

    Dated: November 16, 2001.
Duncan Holaday,
Deputy Assistant Secretary of the Navy, (Installations and Facilities).
[FR Doc. 01-29276 Filed 11-21-01; 8:45 am]
BILLING CODE 3810-FF-P