Multi-Species Conservation Program (MSCP) for the Lower Colorado River, Arizona, Nevada, and California

Federal RegisterMay 18, 1999

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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Fish and Wildlife Service

Multi-Species Conservation Program (MSCP) for the Lower Colorado

River, Arizona, Nevada, and California

ACTION: Notice of Intent to prepare an Environmental Impact Statement

(EIS)/Environmental Impact Report (EIR) and notice of public scoping

meetings.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and

the California Environmental Quality Act (CEQA), Bureau of Reclamation

(Reclamation), Fish and Wildlife Service (Service), and the

Metropolitan Water District of Southern California, intend to prepare

an EIS/EIR to evaluate the impacts associated with implementing the

MSCP for the Lower Colorado River in the states of Arizona, Nevada, and

California.

DATES AND ADDRESSES: Written comments on conservation alternatives and

issues to be addressed in the EIS/EIR are requested by July 27, 1999,

and should be sent to Mr. Tom Shrader, Attention: LC-2500, Bureau of

Reclamation, PO Box 61470, Boulder City, NV 89006-1470, or FAX'd to Mr.

Shrader at (702) 293-8146. Oral and written comments will be accepted

at the open house format public scoping meetings to be held at the

following locations:

June 15, 1999, 5:00 p.m., Bureau of Land Management Havasu Field

Office, 2610 Sweetwater Drive, Lake Havasu City, Arizona.

June 16, 1999, 5:00 p.m., Avi Hotel and Casino, 10000 Aha Macav

Parkway, Laughlin, Nevada.

June 17, 1999, 5:00 p.m., Henderson Convention Center, 200 South Water

Street, Henderson, Nevada.

June 22, 1999, 5:00 p.m., Yuma Desalting Plant, Bureau of Reclamation,

7301 Calle Agua Salada, Yuma, Arizona.

June 23, 1999, 5:00 p.m., Arizona Department of Water Resources,

conference rooms A and B, third floor, 500 North 3rd Street, Phoenix,

Arizona.

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June 30, 1999, 5:00 p.m., Veterans of Foreign Wars Hall Post 2987, 148

North 1st Street, Blythe, California.

July 1, 1999, 5:00 p.m., Ontario Airport Marriott, 2200 East Holt

Boulevard, Ontario, California.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Shrader, Manager,

Environmental Compliance, Bureau of Reclamation at (702) 293-8703 or

Mr. Gilbert D. Metz, Supervisory Coordinator for Federal Projects, Fish

and Wildlife Service at (602) 640-2720, ext. 217. Questions regarding

the CEQA process should be directed to Dr. Debbie Drezner, Metropolitan

Water District at (213) 217-6218. Information on the purpose,

membership, meeting schedules and documents associated with the MSCP

may be obtained on the Internet at www.lcrmscp.org., with a

supplemental link to Reclamation's web page at www.lc.usbr.gov.

SUPPLEMENTARY INFORMATION: The proposed action is a multi-species

conservation program that will move Federal and California Endangered

Species Act (ESA and CESA) listed species, and potentially listed

species, toward recovery while accommodating current water and power

operations and optimizing opportunities for future water and power

development. Reclamation and the Service are joint Federal leads for

the EIS. The EIS will be the basis for (1) Reclamation's Record of

Decision on implementing its portion of the MSCP and (2) the Service's

Record of Decision on issuing an ESA section 10 permit. The EIS/EIR

document will also include a biological assessment of Reclamation's

ongoing and future discretionary actions, which the Service will

utilize in preparing a biological opinion per section 7 of the ESA. The

Metropolitan Water District is the designated CEQA lead agency for the

EIR.

The Lower Colorado River MSCP is a partnership of state, Federal,

tribal, and other public and private stakeholders with interest in

managing the water and related resources of the Lower Colorado River

basin. In August of 1995, the Department of the Interior and the states

of Arizona, Nevada, and California entered into a Memorandum of

Agreement and later a Memorandum of Clarification (MOA/MOC) for

Development of a Lower Colorado River Multi-Species Conservation

Program. The purpose of the MOA/MOC was to initiate development of an

MSCP that will: (1) conserve habitat and work toward the recovery of

threatened and endangered species as well as reduce the likelihood of

additional species listings under the ESA and the CESA, and (2)

accommodate current water diversions and power production and optimize

opportunities for future water and power development, to the extent

consistent with the law.

The participants agreed to develop, implement, and fund the MSCP.

It was also agreed to pursue an ecosystem-based approach to developing

the MSCP for interim and long-term compliance with applicable

endangered species and environmental laws and to implement conservation

and protection measures for included species and habitats.

It is proposed that the MSCP will serve as a coordinated,

comprehensive conservation approach for the lower Colorado River basin

within the 100-year floodplain from below Glen Canyon Dam to the

Southerly International Boundary with Mexico for a period of 50 years.

Potential conservation measures or alternatives currently under

consideration for various fish species (e.g., endangered razorback

sucker) and their habitats may include evaluating the use of backwaters

between native and nonnative species; managing to minimize conflicts

between native and nonnative aquatic species by constructing isolated

native fish refugia; restoring floodplain connections and ephemeral

backwaters in an effort to restore floodplain functions; augmenting

native fish populations through stocking and additional rearing

capacity; implementing a genetic management plan for native fish

populations; enhancing fish passage; managing to minimize take; and

managing discretionary flows to enhance and restore habitat. Potential

conservation measures or alternatives currently under consideration to

benefit various bird species (e.g., endangered southwestern willow

flycatcher) and their habitats may include protecting and restoring

habitat; protecting existing habitat through activities such as

managing access; maintaining hydrologic conditions; fire protection

using prescribed fires/fire planning and postfire rehabilitation;

converting agricultural land to habitat (acquire land and water rights

from willing sellers); managing large mammal problems (e.g., burro

grazing and trampling); controlling threats from other species such as

cowbird trapping; vegetation management including the need to improve

habitat; and manipulating discretionary flows to enhance and restore

habitat. Additional conservation measures or alternatives may be

identified during the scoping process. The needs of these and other

species identified in the MSCP will be integrated to maximize

biodiversity of the Lower Colorado River. Research and monitoring in

combination with adaptive management will be used to facilitate

accomplishment of these goals.

Under the No Action/No Project alternative, it is assumed that some

or all of the current and future projects proposed for coverage under

the MSCP would be implemented, as long as they are in compliance with

the ESA. The No Action/No Project alternative would imply that the

impacts from these potential projects on sensitive species and habitats

would be evaluated and mitigated on a project-by-project basis, as is

presently the case. Individual ESA Section 10 permits would be required

for activities involving take of listed species due to nonfederal

projects/actions. Without a coordinated, comprehensive ecosystem-based

conservation approach for the region, listed species may not be

adequately addressed by individual project-specific mitigation

requirements, unlisted ``at risk'' species would not receive proactive

action intended to prevent their listing, and project-specific

mitigation would be less cost effective in helping Federal and

nonfederal agencies work toward recovery of listed species. Current

independent conservation actions would continue, although some of these

are not yet funded.

A public involvement program has been initiated and will be

maintained throughout this EIS/EIR process. The goal is to keep the

public and affected parties informed and actively involved as the

project evolves. Given the number of entities participating (Federal,

State, and local governments, tribes, and private interest groups),

successfully providing information and soliciting feedback are critical

to the project's effectiveness.

Probable Environmental Effects--Following is a preliminary list of

probable environmental issues and effects associated with the project.

Other issues may be identified during the internal MSCP and public

scoping process. Until a firm proposal and alternatives with specific

actions and locations are developed, it is difficult to predict

specific impacts.

Biological Resources--Among the endangered species known to use the

project area are the southwestern willow flycatcher, Yuma clapper rail,

razorback sucker, bonytail, peregrine falcon, and bald eagle (being

considered for delisting). Of prime concern will be the conservation of

these and other species, such as the yellow billed cuckoo (under review

for listing under the ESA), and associated habitat within the 100-year

floodplain. Overall impacts on

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biological resources are expected to be positive.

Hydrology and Water Quality--Certain conservation measures and flow

regimes may alter onsite water resources, including waters of the

United States [as defined in 40 CFR 230.3(s)], which are under the U.S.

Army Corps of Engineers (Corps) jurisdiction. Under Section 404 of the

Clean Water Act, the Corps is responsible for issuing a permit if a

project may result in the placement of material into water of the

United States. Until specific alternatives are developed, the effects

on hydrology and water quality are unknown.

Floodplains and Wetlands--Implementation of the MSCP will have

overall beneficial impacts on floodplains and wetlands, especially in

maintaining or creating backwaters (wetlands) and reestablishing native

riparian habitat which is essential to the recovery of species.

Municipal and Industrial Uses--Municipal and industrial water uses

may be affected by various conservation measures that require

additional water. However, it is the intent of the MSCP to accommodate

these uses and optimize future opportunities while protecting

threatened and endangered species and their habitat within the project

area.

Cultural Resources--The program could disturb or affect

archaeological resources, traditional cultural properties, Indian

sacred sites, and Indian Trust Assets. However, it is the intent of the

MSCP to avoid such effects.

Socioeconomics--The program may have overall beneficial

socioeconomics effects on the Lower Colorado River. However, the extent

of such effects will not be known until specific conservation

alternatives are identified.

Recreation--In addressing species needs, there may be adverse

impacts to localized recreational uses such as motorized boating, off-

highway vehicle use, and angling.

Water and Hydroelectric Power Uses--Water and hydroelectric power

uses may be affected by various conservation measures that involve

discretionary release patterns. However, it is the intent of the MSCP

to accommodate these uses while protecting threatened and endangered

species and their habitat within the project area.

Agricultural and Other Land Uses--Current agricultural resources or

operations and land uses may be impacted. Land use and cropping

patterns would change with the voluntary conversion of agricultural

lands to native riparian habitat or the transfer of water rights for

habitat maintenance and restoration.

International Impacts--Potential trans-boundary impacts to Mexico

will be identified and analyzed. The project will not affect the

delivery of water pursuant to the Mexico Water Treaty.

Environmental Justice--It is anticipated that the MSCP will not

result in disproportionately high and adverse human health or

environmental effects on minorities and/or low income populations.

Related Project Documentation--It is anticipated that the EIS/EIR

process will make full use (including incorporation by reference, as

appropriate, pursuant to NEPA and CEQA) of the following project

documents, copies of which are available for inspection at the

Metropolitan Water District, Reclamation, and Service offices:

Bureau of Reclamation, Description and Assessment of Operations,

Maintenance, and Sensitive Species of the Lower Colorado River--Final

Biological Assessment, August 1996.

Fish and Wildlife Service, Biological and Conference Opinion on

Lower Colorado River Operations and Maintenance--Lake Mead to Southerly

International Boundary, April 1997.

Starting in June 1999, these documents may also be accessed through

Reclamation's web site at www.lc.usbr.gov.

The draft EIS/EIR is expected to be completed by June 2000.

Dated: May 5, 1999.

LeGrand Neilson,

Assistant Regional Director, Lower Colorado Region, Bureau of

Reclamation.

Geoffrey L. Haskett,

Acting Regional Director, Fish and Wildlife Service.

[FR Doc. 99-12316 Filed 5-17-99; 8:45 am]

BILLING CODE 4310-94-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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