[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Notices]
[Pages 69845-69848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24354]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[16XL LLWY920000.L51010000.ER0000.LVRWK09K0990.241A00; 4500099288; IDI-
35849-01]


Notice of Availability of the Final Supplemental Environmental 
Impact Statement and Proposed Land Use Plan Amendments for Segments 8 
and 9 of the Gateway West 500-kV Transmission Line Project, Idaho

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of availability.

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SUMMARY: In accordance with the National Environmental Policy Act of 
1969, as amended (NEPA), and the Federal Land Policy and Management Act 
of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) has 
prepared a Final Supplemental Environmental Impact Statement (EIS) and 
Proposed Resource Management Plan (RMP)/Management Framework Plan (MFP) 
Amendments for the right-of-way (ROW) application for Segments 8 and 9 
of the Gateway West 500-kilovolt (kV) Transmission Line Project in 
Idaho. By this notice the BLM is announcing its availability and the 
opening of a protest period concerning the proposed RMP/MFP amendments.

DATES: A person who meets the conditions for protesting an RMP/MFP 
amendment outlined in 43 CFR 1610.5-2 and wishes to file a protest must 
do so within 30 days of the date that the Environmental Protection 
Agency publishes its Notice of Availability in the Federal Register.

[[Page 69846]]


ADDRESSES: Interested persons may review the Final Supplemental EIS and 
Proposed RMP/MFP Amendments online at http://on.doi.gov/1sExPBP. Copies 
of the Final Supplemental EIS and Proposed RMP/MFP Amendments and other 
documents pertinent to this project may also be examined at several BLM 
offices and public libraries, as described in the Supplementary 
Information section of this notice.
    All protests must be in writing and mailed to one of the following 
addresses:

U.S. Postal Service Mail: BLM Director (210), Attention: Protest 
Coordinator, P.O. Box 71383, Washington, DC 20024-1383.
Overnight Delivery: BLM Director (210), Attention: Protest Coordinator, 
20 M Street SE., Room 2134LM, Washington, DC 20003.

FOR FURTHER INFORMATION CONTACT: Heather Feeney, Public Affairs 
Specialist, telephone 208-373-4060; email [email protected]. Persons who 
use a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service (FRS) at 1-800-877-8339 to contact Mrs. Feeney. The 
Service is available 24 hours a day, 7 days a week, to leave a message 
or question with Mrs. Feeney. You will receive a reply during normal 
business hours.

SUPPLEMENTARY INFORMATION: PacifiCorp, dba Rocky Mountain Power, and 
Idaho Power (Applicants) have submitted a ROW application to construct, 
operate, and maintain two 500-kV electric transmission lines on Federal 
lands as part of the Gateway West project. The initial application 
proposed to construct electric transmission lines from the Windstar 
Substation near Glenrock, Wyoming, to the Hemingway Substation near 
Melba, Idaho, approximately 20 miles southwest of Boise, Idaho. The 
original project comprised 10 transmission line segments with a total 
length of approximately 1,000 miles and was analyzed in a Final EIS 
published in April 2013. The BLM issued a Record of Decision (ROD) in 
November 2013 that authorized routes on Federal lands for Segments 1 
through 7 and Segment 10 but deferred a decision for Segments 8 and 9.
    In August 2014, the BLM received from the Applicants a revised ROW 
application for Segments 8 and 9 and a revised Plan of Development 
(POD) for the project. The BLM determined that new information in the 
revised ROW application and POD, including revised proposed routes for 
Segments 8 and 9 of the transmission lines and several modified design 
features, required additional analysis of potential environmental 
effects to supplement the analysis presented in the 2013 Final EIS.
    A Notice of Intent to prepare a Supplemental EIS was published in 
the Federal Register on September 19, 2014 (79 FR 56399), initiating a 
45-day scoping period that included four open house-style public 
meetings in communities in the project area. The Notice of Availability 
for the Draft Supplemental EIS was published on March 11, 2016, and the 
BLM accepted public comments on the range of alternatives, effects 
analysis and draft RMP/MFP amendments for 90 days, ending on June 9, 
2016. During the public comment period, five open house-style public 
meetings were held in Hagerman, Boise, Kuna, Twin Falls and Murphy, 
Idaho. An online open house that displayed information presented at the 
in-person public meetings provided an additional means for the public 
to submit comments and questions during the public comment period.
    Both the Draft and Final Supplemental EISs incorporate information 
contained in two reports developed in 2014 by the BLM Boise District 
Resource Advisory Council (RAC) subcommittee on Gateway West. One 
report identified and evaluated route options in the Boise District 
portions of Segments 8 and 9, and the second report examined potential 
mitigation and resource enhancement for impacts in the Morley Nelson 
Snake River Birds of Prey National Conservation Area (SRBOP).
    The BLM must determine whether to grant, grant with modifications, 
or deny the ROW application to use public lands for Segments 8 and 9 of 
the Gateway West project. In accordance with 43 CFR 1610.0-5(b), the 
BLM must consider existing RMPs and MFPs in the decision on whether or 
not to issue a ROW grant. Portions of the proposed transmission line 
are not in conformance with several BLM land management plans, and 
therefore, amendments to these plans are analyzed as part of the 
Supplemental EIS. The BLM will decide whether to approve land use plan 
amendments for non-conforming elements. In addition, the BLM must 
ensure that the authorized project would be compatible with the 
purposes for which Congress designated the SRBOP in Public Law 103-64 
and with current policy for managing units of the BLM's National 
Conservation Lands.
    The BLM is the lead Federal agency for the NEPA analysis and 
preparation of the Supplemental EIS. The State of Idaho, Twin Falls 
County, and Federal agencies with specialized expertise and/or 
jurisdictional responsibilities in the area of Segments 8 and 9 are 
participating as cooperating agencies. These include the U.S. Fish and 
Wildlife Service (USFWS); National Park Service; U.S. Army Corps of 
Engineers; Idaho State Historic Preservation Office; Idaho Department 
of Fish and Game; the Idaho Governor's Office of Energy Resources; the 
City of Kuna, Idaho; and Twin Falls County, Idaho.
    Comments on the Draft Supplemental EIS/Draft RMP Amendments 
received from the public and during internal BLM review were considered 
and incorporated as appropriate into the Final Supplemental EIS/
Proposed RMP/MFP amendments. Comments on the Draft Supplemental EIS/
Draft RMP/MFP Amendments resulted in the addition of clarifying text 
but did not significantly change proposed land use plan decisions.
    The BLM is also engaging in government-to-government consultations 
on the Supplemental EIS with the Shoshone-Bannock Tribes of Fort Hall 
and the Shoshone-Paiute Tribes of Duck Valley, under Federal laws and 
policies including but not limited to the National Historic 
Preservation Act, NEPA, Archaeological Resources Protection Act, 
American Indian Religious Freedom Act, Native American Graves 
Protection and Repatriation Act, and Executive Orders 12875, 12898, 
13007, 13084, and 13175.
    Relevant issues and concerns that influenced the scope of the 
environmental analysis in the Draft Supplemental EIS but which were not 
addressed in the original EIS were identified during scoping. 
Alternatives presented in the Final Supplemental EIS are analyzed based 
on all the issues included in the 2013 Final EIS (refer to Section 1.10 
of the Final EIS), as well as in response to new issues, direction in 
agency handbooks, and requirements of Federal and State laws and 
regulations. The following issue categories were identified from public 
and internal scoping conducted for the Supplemental EIS:

 National Historic Trails
 Visual resources
 Cultural resources
 Socioeconomics
 Environmental justice
 Vegetation
 Special status plants
 Invasive plant species
 Wetlands/Riparian areas
 Wildlife and fish (General)
 Special status wildlife and fish
 Minerals

[[Page 69847]]

 Paleontological resources
 Geologic hazards
 Soils
 Water resources
 Land use and recreation
 Agriculture
 Transportation
 Air quality
 Electrical environment
 Public safety
 Noise
 SRBOP resources and values

    The Final Supplemental EIS analyzes in detail seven pairings of 
route alternatives for Segments 8 and 9 as Action Alternatives. 
Analysis of the No Action Alternative, under which the ROW application 
would be denied and Segments 8 and 9 would not be constructed on public 
lands, is included in the 2013 Final EIS for the original Gateway West 
project and is incorporated by reference in the Final Supplemental EIS.
    Alternative 1 is the pair of revised proposed routes for Segments 8 
and 9, as presented by the Applicants. Alternative 2 pairs the revised 
proposed route for Segment 8 and the Final EIS proposed route for 
Segment 9. Alternative 3 is the revised proposed route for Segment 8 
and a route designated 9K, which was developed as a result of scoping 
for the Draft Supplemental EIS. Alternative 4 pairs the Final EIS 
proposed route for Segment 9 and a route designated as 8G, which was 
developed as a result of scoping for the Draft Supplemental EIS. 
Alternative 5 pairs routes 8G and 9K. Alternative 6 consists of the 
Final EIS proposed route for Segment 9 and a Draft Supplemental EIS 
route 8H. Alternative 7 is routes 8H and 9K. The ROW width requested 
for all segments is 250 feet, except for Alternative 5, where a 500-
foot ROW is required to accommodate two lines at the minimum separation 
distance. Portions of all route alternatives would cross the SRBOP.
    Both segments terminate at the Hemingway substation under all 
action alternatives. Segments are separated at distances of 250 feet to 
more than 30 miles, varying within routes and/or across alternatives. 
Analysis of several other routes for Segments 8 and 9 in the 2013 Final 
EIS are incorporated by reference into the Draft and Final Supplemental 
EISs. The Final Supplement EIS identifies Alternative 5 as the 
preferred Alternative.

Mitigation

    The Final Supplemental EIS incorporates by reference the analysis 
related to Segments 8 and 9 in the Gateway West 2013 Final EIS, 
including relevant Proposed Environmental Protection Measures 
identified in Table 2.7-1 of that document. The Final Supplemental EIS 
supplements the analysis in that Final EIS by assessing new information 
that has become available since the Final EIS and ROD were published, 
including the identification of new routes and route variations for 
Segments 8 and 9. All of those new routes and route variations would 
have some impact on the SRBOP, a National Conservation Area, whose 
enabling statute directs that the area be managed ``to provide for the 
conservation, protection and enhancement of raptor populations and 
habitats and the natural and environmental resources and values 
associated therewith, and of the scientific, cultural, and educational 
resources and values of the public lands in the conservation area.'' 
Public Law 103-64, at section 3(2).
    The Final Supplemental EIS includes new information and analyses 
regarding mitigation and enhancement of resource impacts, especially 
within the SRBOP. This mitigation is consistent with the Presidential 
Memorandum on Mitigation (November 3, 2015) which requires that 
agencies ``[e]stablish a net benefit goal or, at a minimum, a no net 
loss goal for natural resources the agency manages that are important, 
scarce, or sensitive . . .''. The Memorandum further provides that: 
``[w]hen a resource's value is determined to be irreplaceable, the 
preferred means of achieving either of these goals is through 
avoidance, consistent with applicable legal authorities.'' Memorandum 
at section 3(a). Department of the Interior policy calls for applying a 
mitigation hierarchy--a sequence of approaches--to develop appropriate 
actions to address project impacts: Avoid, mitigate, compensate. 
Department Manual at 600 DM 6.
    As part of their revised POD, the Applicants proposed a mitigation 
and enhancement portfolio (MEP) with design features specific to the 
SRBOP, aimed at mitigating the effects of project-related impacts 
within the SRBOP, as well as complying with the resource enhancement 
goal in the SRBOP's enabling statute. The Draft Supplemental EIS found 
that the MEP did not provide sufficient details or specifics for 
development of mitigation actions to allow the BLM to determine how the 
MEP goals for SRBOP would be achieved.
    Appendix K in the Final Supplemental EIS presents a Framework the 
BLM has developed for assessing compensatory mitigation for SRBOP 
consistent with FLPMA, the Department policy, and the Presidential 
Memorandum as they relate to impacts on National Historic Trails, 
cultural resources, wildlife habitat, and recreation and visitor 
services in the SRBOP. The Framework supersedes the MEP and is 
scalable. It discusses compensatory mitigation measures that would be 
required under each alternative to address impacts to the resources 
warranting mitigation, including each SRBOP resource category. The 
Framework describes three categories of mitigation actions that would 
address residual impacts to SRBOP resources: Preservation and 
Protection, Restoration, and Establishment (including Science and 
Education). If the BLM grants a ROW within the SRBOP, the BLM will 
require the Applicant to meet the mitigation requirements before the 
BLM issues a Notice to Proceed.
    Impacts to Greater sage-grouse (GRSG) and migratory birds, 
wetlands, and cultural resources and National Historic Trails outside 
the SRBOP are addressed in the 2013 Final EIS for the entire 10-segment 
project, and the 2013 ROD contains compensatory mitigation frameworks 
for each of these resources. The Final Supplemental EIS finds that the 
2013 GRSG Habitat Mitigation Plan does not address all potential 
indirect effects, and as a result, the BLM will require the applicants 
to develop a proposal and final plan that fully compensates for all 
potential indirect and direct impacts to GRSG, using methods outlined 
in the August 2016 white paper authored by the BLM and USFWS.
    The Final Supplemental EIS sets the standard for compensatory 
mitigation to address impacts to GRSG as a net conservation gain for 
the species. The standard for compensatory mitigation that addresses 
impacts in the SRBOP is enhancement of resources, consistent with the 
enabling statute for the SRBOP (Pub. L. 103-64). In the ROD, the 
Authorized Officer, taking into consideration the totality of the 
analysis and available information, will determine whether the 
requirements in the Framework will meet the statute's enhancement 
standard. For impacts to important, scarce or sensitive resources on 
BLM-managed lands outside the SRBOP and which are not identified as 
GRSG habitat, compensatory mitigation will be required to achieve a 
minimum of no net loss or where required or appropriate, a net benefit 
to impacted resources. Compensatory mitigation for all important scarce 
or sensitive resources will be designed to ensure durability, 
effectiveness, timeliness, commensurability, additionality and

[[Page 69848]]

governance. Department Manual at 600 DM 6.

Agency Preferred Alternative

    In accordance with the Department's NEPA regulations (43 CFR 
46.425), the BLM identifies Alternative 5 as the Preferred Alternative. 
This alignment minimizes crossing of the SRBOP to a total of 17.6 
miles, 8.8 miles per segment in parallel, separated by 250 feet. The 
alternative avoids all GRSG Priority Habitat Management Areas, the 
Hagerman Fossil Beds National Monument, the historic Toana Freight 
Road, and Balanced Rock natural landmark in Twin Falls County. The 
distance separating the segments (250 feet) meets WECC planning 
criteria, while minimizing the project footprint by reducing the need 
to construct new access roads to build and service the lines. The 
alignments in this alternative also avoid primary agricultural lands in 
Owyhee County and in general, impacts the least amount of private lands 
of any alternative analyzed in detail in the Supplemental EIS. 
Residential areas of Kuna and Melba are also avoided.
    Alternative 5 would require five plan amendments to three current 
BLM land use plans so that the project would conform to the respective 
plans. The following land use plans would be amended in a decision 
selecting Alternative 5:

Twin Falls MFP
Snake River Birds of Prey RMP
Bruneau MFP

    In order to authorize the Segment 8 alignment in this alternative, 
two land use plans would need to be amended. The SRBOP RMP would 
require an amendment to allow an additional ROW and designate an 
additional corridor for two 500-kV lines, as well as an amendment to 
allow the project within 0.5 mile of sensitive plant habitat. The 
Bruneau MFP would need to be amended to change the classification for a 
VRM Class II parcel near Castle Creek to VRM Class III. These same 
amendments to the SRBOP RMP and Bruneau MFP would be needed for Segment 
9 in this alternative, as the routes would parallel each other in these 
planning areas. Authorizing the Segment 9 alignment in this alternative 
would also require two additional amendments. The Twin Falls MFP would 
need amendments to allow the ROW outside of existing corridors, and to 
reclassify VRM Class I and II areas adjacent to the Roseworth corridor 
to VRM class III, while allowing a 500-kV line to cross the Salmon 
Falls Creek Area of Critical Environmental Concern.

Environmentally Preferable Alternative

    For Gateway West, the environmentally preferable alternative is the 
No Action Alternative. Under the No Action Alternative, Gateway West 
Segments 8 and 9 would not be constructed, no RMPs or MFPs would need 
to be amended, and the objectives of the project as described in 
Section 1.4 of the Supplemental EIS would not be met.

Protesting Proposed Land Use Plan Amendments

    Pursuant to 43 CFR 1610.5-2, a person may protest the Proposed RMP/
MFP amendments. Instructions for filing a protest with the Director of 
the BLM regarding the Proposed RMP/MFP Amendments may be found online 
at http://www.blm.gov/wo/st/en/prog/planning/planning_overview/protest_resolution/filinginstructions.html and in the ``Dear Reader'' 
Letter of the Gateway West Final Supplemental EIS and Proposed RMP/MFP 
Amendments. All protests must be in writing and mailed to the 
appropriate address, as set forth in the ADDRESSES section above. 
Emailed protests will not be accepted as valid protests unless the 
protesting party also provides the original letter by either regular 
mail or overnight delivery postmarked by the close of the protest 
period. Under these conditions, the BLM will consider the email as an 
advance copy, and it will receive full consideration. If you wish to 
provide the BLM with such advance notification, please direct emails to 
[email protected].
    Copies of the Final Supplemental EIS and Proposed RMP/MFP 
Amendments have been sent to cooperating agencies; other affected 
Federal, State, and local government agencies; the Shoshone-Paiute 
Tribes of Duck Valley; the Shoshone-Bannock Tribes of Fort Hall; and 
other stakeholders.
    Copies of the Final Supplemental EIS and Proposed RMP/MFP 
Amendments and other documents pertinent to this project may also be 
examined at:

 Bureau of Land Management, Idaho State Office, Public Room, 
1387 South Vinnell Way, Boise, ID 83709, Telephone: 208-373-3863
 Bureau of Land Management, Boise District Office, 3948 
Development Avenue, Boise, ID 83705, Telephone: 208-384-3300
 Bureau of Land Management, Twin Falls District Office, 2878 
Addison Avenue East, Twin Falls, ID 83301, Telephone: 208-735-2060
 Bureau of Land Management, Owyhee Field Office, 20 First 
Avenue West, Marsing, ID 83639, Telephone: 208-896-5912
 The following public libraries:
    Ada Community Library, Victory Branch (Boise)
    Boise Public Library
    Boise State University, Albertsons Library
    Bruneau Valley District Library (Bruneau)
    College of Idaho, N.L. Terteling Library (Caldwell)
    College of Southern Idaho Library (Twin Falls)
    College of Western Idaho Library (Nampa)
    Gooding Public Library
    Kuna Library
    Meridian Library, (Cherry Lane)
    Mountain Home Public Library
    Nampa Public Library
    Northwest Nazarene University, John E. Riley Library (Nampa)
    State Law Library (Boise)
    Twin Falls Public Library.

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

    Authority: 40 CFR 1506.6, 40 CFR 1506.10, 43 CFR 1610.2; 43 CFR 
1610.5.

Timothy M. Murphy,
BLM Idaho State Director.
[FR Doc. 2016-24354 Filed 10-6-16; 8:45 am]
 BILLING CODE 4310-GG-P