[Federal Register Volume 74, Number 173 (Wednesday, September 9, 2009)]
[Notices]
[Pages 46453-46454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21717]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Reach 4B, Eastside Bypass and Mariposa Bypass Low Flow Channel 
and Structural Improvements Project Under the San Joaquin River 
Restoration Program, Merced County, California

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent to prepare an Environmental Impact Statement/
Environmental Impact Report (EIS/EIR) and Notice of Scoping Meetings.

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SUMMARY: The Bureau of Reclamation and the California Department of 
Water Resources (DWR) are proposing to prepare a joint EIS/EIR, 
pursuant to the National Environmental Policy Act (NEPA) and the 
California Environmental Quality Act (CEQA), to evaluate effects of the 
proposed Reach 4B, Eastside Bypass and Mariposa Bypass Low Flow Channel 
and Structural Improvements Project (Proposed Action) under the San 
Joaquin River Restoration Program (SJRRP or Program). The Proposed 
Action includes the construction, operation, and maintenance of a low 
flow channel in Reach 4B of the San Joaquin River and in the Eastside 
and Mariposa bypasses and improvements to facilities in the Eastside 
and Mariposa bypasses to allow for fish passage. The purpose of the 
Proposed Action is to comply with the San Joaquin River Settlement by 
improving conveyance capacity in Reach 4B of the San Joaquin River to 
ensure conveyance of at least 475 cubic feet per second (cfs), 
modifying the Eastside and Mariposa bypass channels to establish a low 
flow channel, and modifying structures in the Eastside and Mariposa 
bypasses to provide for fish passage. The Proposed Action is a 
component of the San Joaquin River Settlement.
    Scoping meetings will be held to solicit input on alternatives, 
concerns, and issues to be addressed in the EIS/EIR. Written comments 
may also be sent.

DATES: Two scoping meetings will be held to solicit comments from 
interested parties to assist in determining the scope of the 
environmental analysis,

[[Page 46454]]

including the alternatives to be addressed, and to identify the 
significant environmental issues related to the Proposed Action.
 Wednesday, September 23, 2009, 6 to 8 p.m., Los Banos, 
California
 Thursday, September 24, 2009, 6 to 8 p.m., Merced, California
    Written comments on the scope of the EIS/EIR should be sent by 
October 9, 2009.

ADDRESSES: The public hearings will be held at:
     Los Banos: Miller & Lux Building, 830 6th Street.
     Merced: Merced Fairgrounds Rock House Facility, 900 Martin 
Luther King Jr. Way.
    Send written comments to Ms. Margaret Gidding, Bureau of 
Reclamation, 2800 Cottage Way, MP-170, Sacramento, CA 95825 or via e-
mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Margaret Gidding at the above 
address, by telephone at 916-978-5461, TDD 916-978-5608 or via fax at 
916-978-5469. Additional information is available online at http://www.restoresjr.net. If special assistance is required at the scoping 
meetings, please contact Ms. Margaret Gidding at the above phone or fax 
numbers or via e-mail at [email protected] no less than ten working 
days prior to the meetings.

SUPPLEMENTARY INFORMATION: The Proposed Action includes improving 
conveyance capacity in Reach 4B of the San Joaquin River to ensure 
conveyance of at least 475 cfs, modifying the Eastside and Mariposa 
bypass channels to establish a low flow channel, and modifying 
structures in the Eastside and Mariposa bypasses to provide for fish 
passage. The following are the applicable Settlement Paragraphs related 
to the Proposed Action:
     Paragraph 11(a)(3) stipulates channel modifications to 
Reach 4B to ensure conveyance of at least 475 cfs.
     Paragraph 11(a)(4) stipulates modifications to the San 
Joaquin River headgates at the upstream end of Reach 4B to ensure fish 
passage and enable flow routing into Reach 4B.
     Paragraph 11(a)(5) stipulates modifications to the Sand 
Slough Control Structure to ensure fish passage.
     Paragraph 11(a)(8) stipulates modifications to structures 
in the Eastside and Mariposa bypass channels to provide anadromous fish 
passage on an interim basis until a final flow routing is selected and 
completed.
     Paragraph 11(a)(9) stipulates modifications in the 
Eastside and Mariposa bypass channels to establish a suitable low-flow 
channel, if the Secretary of the Interior in consultation with the 
Restoration Administrator, determines that such modifications are 
necessary to support anadromous fish migration through these channels.
    Because the functions of these channels are interrelated, the 
design, environmental compliance, and construction are being addressed 
as one Proposed Action. The planning and environmental review for the 
Proposed Action is authorized under Section 3406(c)(1) of the Central 
Valley Project Improvement Act (CVPIA), (Pub. L. 102-575) and the San 
Joaquin River Restoration Act (SJRRA), included in Public Law 111-11. 
Construction of the Proposed Action is authorized under Section 10004 
of the SJRRA (Pub. L. 111-11). The Proposed Action would be implemented 
consistent with both the Settlement and the SJRRA, Public Law 111-11.

San Joaquin River Restoration Program

    In 1988, a coalition of environmental groups led by the Natural 
Resources Defense Council (NRDC) filed a lawsuit challenging the 
renewal of the long-term water service contracts between the United 
States and the Central Valley Project Friant Division Contractors. 
After more than 18 years of litigation known as NRDC, et al., v. Kirk 
Rodgers, et al., the NRDC, Friant Water Users Authority, and the 
Departments of the Interior and Commerce (Settling Parties) reached 
agreement on the terms and conditions of the San Joaquin River 
Settlement (Settlement) which was subsequently approved by the Court on 
October 23, 2006. The Settlement can be found online at http://www.restoresjr.net.
    The Settlement is based on two parallel Goals:
     The Restoration Goal--To restore and maintain fish 
populations in ``good condition'' in the main stem of the San Joaquin 
River below Friant Dam to the confluence of the Merced River, including 
naturally reproducing and self-sustaining populations of salmon and 
other fish; and
     The Water Management Goal--To reduce or avoid adverse 
water supply impacts to all of the Friant Division long-term 
Contractors that may result from the Interim Flows and Restoration 
Flows provided for in the Settlement.
    The Settling Parties acknowledge that accomplishing the Goals 
requires planning, implementation, and funding of certain activities, 
such as environmental review, design, and construction. With regard to 
the Restoration Goal, the Settlement calls for a combination of channel 
and structural improvements along the San Joaquin River below Friant 
Dam, releases of additional water from Friant Dam to the confluence of 
the Merced River, and the reintroduction of spring and/or fall-run 
Chinook salmon.
    The Settlement states that the Secretary of the Interior shall 
implement the terms and conditions of the Settlement. Additionally, the 
Settling Parties agreed that implementation of the Settlement shall 
also require participation of the State of California. Therefore, 
concurrent with the execution of the Settlement, the Settling Parties 
entered into a Memorandum of Understanding with the State of 
California, by and through the California Resources Agency, DWR, the 
Department of Fish and Game (DFG), and the California Environmental 
Protection Agency (CalEPA), regarding the State's role in the 
implementation of the Settlement. The program established to implement 
the Settlement is the SJRRP, and the ``Implementing Agencies'' 
responsible for the management of the SJRRP include Reclamation, the 
U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries 
Service (NMFS), DWR, and DFG. The Federal Implementing agencies 
(Reclamation, USFWS and NMFS) are authorized to implement the 
Settlement under the SJRRA included in Public Law 111-11.
    A Program Environmental Impact Statement/Environmental Impact 
Report (PEIS/EIR) is currently being developed for implementation of 
the SJRRP. If applicable, the EIS/EIR for the Proposed Action will 
supplement, tier from, incorporate by reference, or adopt relevant NEPA 
analyses from the PEIS/EIR. The Record of Decision for the PEIS/EIR is 
anticipated to be signed in 2010.

Public Disclosure

    Before including your name, address, phone number, e-mail address, 
or other personal identifying information in your comment, you should 
be aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

    Dated: July 13, 2009.
Mike Chotkowski,
Regional Environmental Officer, Mid-Pacific Region.
[FR Doc. E9-21717 Filed 9-8-09; 8:45 am]
BILLING CODE 4310-MN-P