[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Notices]
[Pages 43314-43316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15136]


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DEPARTMENT OF STATE

[Public Notice 5874]


Notice of Finding of No Significant Impact from Construction of a 
New Livestock Crossing near San Luis, Arizona

AGENCY: Department of State.

ACTION: Notice.

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SUMMARY: The Department of State is publishing a Finding of No 
Significant Impact (FONSI) for the proposed construction of a new 
livestock crossing (the ``San Luis Cattle Crossing'') at the United 
States-Mexican border 2,500 feet (approximately half a mile) east of an 
existing livestock crossing near San Luis, Arizona. The closing of the 
existing livestock crossing and its relocation to this new location is 
necessitated by construction of the new San Luis II commercial border 
crossing

[[Page 43315]]

(scheduled to begin in the summer of 2007) at the location of the 
existing livestock crossing.

FOR FURTHER INFORMATION CONTACT: Mr. Daniel Darrach, Coordinator of 
Border Affairs, Office of Mexican Affairs, Bureau of Western Hemisphere 
Affairs. U.S. Department of State, 2201 C Street NW., Washington, DC 
20520, phone 202-647-8529, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The following represents the text of the 
State Department approved FONSI--The Greater Yuma Port Authority 
(``GYPA'') has submitted an application for a Presidential permit to 
relocate the existing livestock crossing at the United States-Mexico 
border near San Luis, Arizona and San Luis Rio Colorado, Sonora to a 
location about one half of a mile east. Some 60,000 steers and several 
hundred horses pass through the existing livestock crossing annually, 
mostly in winter. The Department of State (the ``Department'') has 
determined that under Executive Order 11423, as amended, a Presidential 
permit is required for the relocated livestock crossing since it would 
involve a new piercing of the United States-Mexico border.
    The closing of the existing livestock crossing and its relocation 
2,500 feet to the east is required as a result of the planned 
construction of the new San Luis II commercial port of entry (``POE''), 
on the site of the original livestock crossing. On June 13, 2007, the 
Department issued a Presidential permit for the San Luis II POE.
    The National Environment Policy Act (``NEPA'') requires that a No 
Action alternative be considered in the environmental review process. 
The result of the No Action alternative would be that the existing 
livestock crossing would impede the construction of the commercial 
border crossing itself and the pre-primary queuing area of the San Luis 
II POE. Odors emanating from the existing livestock crossing would also 
cause unpleasant conditions at the San Luis II POE.
    The affected natural environment consists of water sources, 
landforms, plants, and animals native to the Sonoran Desert ecosystem. 
One threatened plant species, the sand food, and one threatened animal 
species, the flat-tailed horned lizard (``FTHL'') inhabit the project 
area. There are no unique geological resources or sources of surface 
water within the project area and no plans to drill for groundwater. 
The affected human environment consists of the nearby cities of San 
Luis, Arizona and San Luis Rio Colorado, Sonora. No prehistoric or 
historic remains were found within the project area.
    In order to provide optimal conditions for the transient traveling 
public and employees stationed at the San Luis II POE, a new livestock 
crossing must be an adequate distance from the San Luis II POE. The 
site of the proposed new livestock crossing takes account of wind 
direction and building orientation. Distance is the primary factor in 
mitigating odors. The new livestock crossing would be about 2,500 feet 
from the closest occupied building on the land containing the San Luis 
II POE. For the few states with setback standards for odors, a distance 
of more than 1,500 feet for facilities with up to 3,000 cattle is 
considered sufficient protection against odors. There is no problematic 
odor associated with horses.
    How manure is managed (how often the pens are cleaned, how manure 
is stored, where and when manure is spread, whether straw is put down, 
etc.) has a dramatic effect on how much odor is present. Whatever odor 
is generated will rise directly above the pens in a plume the width of 
the combined areas of the pens. During the day, the sun warms the 
surface soil, and the rising air currents disperse the odor plume. Odor 
complaints usually arise during the night or early morning when the air 
is still. The direction and dissipation of odor depends largely on wind 
direction and velocity and air drainage, which are linked to topography 
and climate.
    The prevailing winds for the site tend to be from the north in 
October-February, from the west in March-May, and from the south-
southeast in June-September. The proposed site of the new livestock 
crossing, one half-mile east of the San Luis II POE, appears to be a 
favorable location since it is typically downwind of the POE and is 
relatively flat. Flat sites with good air movement tend to be 
appropriate locations to build livestock facilities.
    No major adverse environmental effects are expected from the 
Proposed Action alternative if proper mitigation measures are 
implemented. The project could affect biological resources, 
undiscovered cultural resources, growth, and other environmental 
factors. However, the project must comply with federal law, including 
any conditions of approval, which would consequently mitigate any 
potential adverse effects. The conditions of approval (mitigation 
measures) are described below.
    As described above, the No Action alternative is not feasible.
    In 2000, the Bureau of Reclamation (``BoR'') of the Department of 
the Interior relied on an Environmental Assessment (EA) prepared by 
Barton-Aschmann Associates, Inc. in reaching a finding that the 
transfer of land from the BoR to the GYPA for construction of the San 
Luis II commercial POE would have No Significant Impact on the 
environment (``FONSI''). The 2000 BoR FONSI included a requirement that 
the GYPA implement conservation measures recommended by the U.S. Fish 
and Wildlife Service (``USFWS'') in its Conference Opinion for the FTHL 
by retaining an onsite biological monitor during construction and 
operation of the POE. In 2002, the GYPA and BoR requested modification 
of the original Conference Opinion regarding this monitoring 
requirement. As a result of the modified Conference Opinion, and in 
lieu of hiring a full-time biological monitor, the GYPA agreed to 
implement the conservation measures included in the Conference Opinion 
with respect to the parcel acquisition, construction and subsequent 
operation of the proposed commercial POE and the paving and subsequent 
use of the Yuma County Avenue E access road. The Department had 
concluded that the GYPA will be required to implement these 
conservation measures as a condition of approval of the Presidential 
permit for the livestock crossing.

Findings

    1. The General Services Administration has previously published in 
the Federal Register (72 FR 7658-01, February 16, 2007) its 
determination that a new commercial POE on the United States-Mexico 
border near San Luis, Arizona and San Luis Rio Colorado, Sonora to 
accommodate current and future regional transportation requirements 
will not significantly affect the quality of the human environment.
    2. All NEPA procedural requirements have been met, including a 30-
day public notice period and coordination with federal, state, and 
local government agencies, as well as with Native Americans tribes.
    3. The environmental commitments (mitigation measures) will offset 
any negative impacts identified by the BoR EA (referenced above).
    4. No disputes or controversies have arisen regarding the accuracy 
or presentation of environmental effects, as documented in the BoR EA.
    5. Relocation of the existing livestock crossing will not result in 
cumulative significant impacts.
    6. The Department has been advised by the Arizona State Historic 
Preservation Officer that the Officer concurs with the finding of ``no 
effect''

[[Page 43316]]

regarding the project's impact on significant cultural resources.
    7. Implementation of the project will not adversely affect any 
threatened or endangered species as long as the conservation measures 
for the flat-tailed horned lizard and sand food are implemented during 
relocation of the livestock crossing.
    8. All soil disturbance and shrub removal will be minimized during 
relocation.
    9. Implementation of this action will have no adverse impact on any 
Indian Trust Assets.
    10. Implementation of this action will not violate federal, state, 
or local law.

Mitigation Measures

    1. The relocation of the existing livestock crossing to the site 
specified in the application obviates the need for further mitigation 
measures with respect to odors emanating from the transient presence of 
livestock through and at the new livestock crossing.
    2. Mitigation measures for the San Luis II POE are applicable in so 
far as relevant to the relocated livestock crossing. The mitigation 
measures listed in the final FONSI (signed April 15, 2007) can be 
viewed on the GSA Web site at http://www.gsa.gov/nepa.
    In accordance with NEPA (42 U.S.C. 4321 et seq.), the regulations 
of the Council on Environmental Quality (40 CFR 1500-1508), and the 
Department's implementing regulations (22 CFR Part 161, and in 
particular 22 CFR 161.7(c)), the Department finds that the project 
described in the attached EA is not a federal action significantly 
affecting the quality of the human environment. Therefore, no 
Environmental Impact statement will be prepared.
    The Finding of No Significant Impact will become final thirty (30) 
days after the publication of this notice, provided that no information 
leading to a contrary finding is received or comes to light during this 
period.

    Dated: July 27, 2007.
Daniel D. Darrach,
Acting Director, Office of Mexican Affairs, Department of State.
 [FR Doc. E7-15136 Filed 8-2-07; 8:45 am]
BILLING CODE 4710-29-P