[Federal Register Volume 68, Number 247 (Wednesday, December 24, 2003)]
[Notices]
[Pages 74650-74651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31670]


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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO


United States Section; Notice of Availability of Final 
Environmental Impact Statement for Alternative Vegetation Maintenance 
Practices for the Lower Rio Grande Flood Control Project in Cameron, 
Hidalgo, and Willacy Counties, TX

AGENCY: United States Section, International Boundary and Water 
Commission, United States and Mexico.

ACTION: Notice of availability of Final Environmental Impact Statement.

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SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental 
Policy Act (NEPA) of 1969, as amended, the United States Section, 
International Boundary and Water Commission (USIBWC) has prepared a 
Final Environmental Impact Statement (FEIS) on Alternative Vegetation 
Maintenance Practices for the Lower Rio Grande Flood Control Project in 
Cameron, Hidalgo, and Willacy counties, Texas. The FEIS analyzes the 
Continued

[[Page 74651]]

Maintenance Alternative (No-Action), comprising the current USIBWC 
vegetation maintenance program, and the impacts of three vegetation 
maintenance alternatives that vary from the current USIBWC vegetation 
maintenance practices along the Lower Rio Grande Valley. No final 
decision can be made on this proposal during the 30 days following the 
filing of this FEIS, in accordance with the Council on Environmental 
regulations, 40 CFR 1506.10(b)(2).

ADDRESSES: Comments should be addressed to: Carolyn Murphy, Chief, 
Environmental Section, Department of the Army, Galveston District, 
Corps of Engineers, P.O. Box 1229, Galveston, Texas 77553-1229. Copies 
of the FEIS are available for inspection and review at the following 
locations: Brownsville Public Library, 2600 Central Boulevard, 
Brownsville, Texas; Harlingen Public Library, 410 '76 Drive, Harlingen, 
Texas; and McAllen Public Library, 601 North Main Street, McAllen, 
Texas. The FEIS is also available on the USIBWC Home Page at: http://www.ibwc.state.gov; and at the United States Army Corps of Engineers, 
Galveston District, Home Page at: http://www.swg.usace.army.mil/.

FOR FURTHER INFORMATION CONTACT: Mr. Douglas Echlin, Environmental 
Protection Specialist, Environmental Management Division, USIBWC, 4171 
North Mesa Street, C-100, El Paso, Texas 79902 or call (915) 832-4741, 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The USIBWC vegetation maintenance program is 
performed along the United States portion of the Lower Rio Grande Flood 
Control Project (LRGFCP). The vegetation maintenance program was 
established to fulfill the United States Government's obligations under 
International Boundary and Water Commission (IBWC) Minutes No. 212 and 
No. 238 and to protect life and properties in the United States and 
Mexico from Rio Grande flooding events.
    Under Minute No. 212, the United States and Mexico agreed to annual 
concurrent channel bank mowing to reduce heavy brush growth in the 
river reach and to ensure a river channel capacity of 20,000 cfs at the 
Brownsville-Matamoros area. This maintenance mowing is considered 
necessary to prevent flooding in Brownsville and Matamoros for the 
design flood and to ensure that brush does not deflect river flood 
flows toward either country, thus altering the international boundary 
alignment by erosion. Minute No. 238 calls for equally dividing flood 
flows into interior floodways in each country, thereby ensuring the 
20,000 cfs maximum flow at Brownsville and Matamoros.
    On November 1, 1989, the Sierra Club et al. filed a civil action 
suit against the USIBWC alleging vegetation maintenance program 
violations of the Endangered Species Act (ESA) and the National 
Environmental Policy Act (NEPA) (CA No. 89-3005-RCL (1990 WL 116845 
(D.D.C.)), Jul. 31, 1990). The plaintiffs alleged that the USIBWC had 
not prepared an Environmental Assessment or Environmental Impact 
Statement (EIS) relative to the operation and maintenance activities 
for the United States portion of the LRGFCP as required by NEPA. The 
plaintiffs also alleged that the USIBWC had not entered into formal 
consultation with the USFWS pursuant to Section 7 of the ESA with 
respect to the impacts of the United States portion of the LRGFCP on 
federally-listed threatened or endangered species.
    In a 1990 Consent Decree, the USIBWC agreed to enter into formal 
consultation with the USFWS regarding the impacts of all vegetation 
clearing activities of the LRGFCP on federally listed species. The 
consultation process resulted in an issuance by the USFWS of a 
Biological Opinion (BO) on May 6, 1993. The USFWS has recently issued a 
new BO. In addition to formal consultation with USFWS, USIBWC agreed to 
the preparation of this EIS, which specifically addresses alternative 
vegetation maintenance practices.
    This FEIS presents and analyzes the impacts of current and 
alternative USIBWC vegetation maintenance practices to fulfill 
commitments under the IBWC Minutes, the Consent Decree, and the new BO. 
The pertinent elements of the LRGFCP vegetation maintenance program are 
based on the need to:
    [sbull] Maintain channel banks to provide adequate flood 
conveyance.
    [sbull] Equitably divert flood flows into interior floodways.
    [sbull] Remove brush and other obstructions within floodways.
    [sbull] Maintain a wildlife corridor per the USFWS BO and the 1994 
LRGFCP Off-River Wildlife Travel Corridor Plan.
    Four potential vegetation maintenance alternatives, including the 
current USIBWC maintenance program, are considered and analyzed in the 
FEIS. The Preferred Alternative is the Continued Maintenance 
Alternative (No-Action), representing the continuation of the current 
USIBWC vegetation maintenance program.
    A Record of Decision will be issued on this proposal after a 
minimum of 30 days following the filing of the FEIS. Any comments on 
the FEIS must be received no later than 30 days after the date of 
publication of the notice of availability by the Environmental 
Protection Agency (EPA) in the Federal Register. No action will be 
taken on the proposed action before 30 days following publication of 
the notice of availability of the FEIS by EPA.

    Dated: December 15, 2003.
Mario Lewis,
General Counsel.
[FR Doc. 03-31670 Filed 12-23-03; 8:45 am]
BILLING CODE 4710-03-P