[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Notices]
[Pages 11093-11095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04160]


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DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

[RR02800000, 22XR0680A1, RX.17868949.0000000]


Notice of Intent To Prepare an Environmental Impact Statement and 
Hold Public Scoping Meetings on the 2021 Endangered Species Act 
Reinitiation of Section 7 Consultation on the Long-Term Operation of 
the Central Valley Project and State Water Project

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of intent; request for comments.

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SUMMARY: The Bureau of Reclamation intends to prepare an Environmental 
Impact Statement (EIS) for analyzing potential modifications to the 
Long-Term Operation of the Central Valley Project (CVP) and the State 
Water Project (SWP). The authorized purposes of the CVP include, first, 
river regulation, improvement of navigation and flood control; second, 
irrigation and domestic uses and fish and wildlife mitigation, 
protection and restoration; and third, power and fish and wildlife 
enhancement. Reclamation is seeking suggestions and information on the 
alternatives and topics to be addressed and other important issues 
related to multi-year operations of the CVP and SWP.

DATES: Submit written comments on the scope of the EIS on or before 
March 30, 2022.
    Reclamation will hold virtual public scoping meetings at the 
following dates and times. The virtual public scoping meetings are 
identified geographically; however, virtual attendance is open at all 
meetings. Comments during the scoping meetings will be recorded. If you 
do not wish to be recorded, you may submit written comments to the 
mailing address or email address below
    1. Tuesday, March 8, 2022, 2 p.m. to 4 p.m., Sacramento, CA, 
virtual meeting.
    2. Wednesday, March 9, 2022, 5:30 p.m. to 7:30 p.m., Red Bluff, CA, 
virtual meeting.
    3. Thursday, March 10, 2022, 2 p.m. to 4 p.m., Fresno, CA, virtual 
meeting.
    4. Tuesday, March 15, 2022, 5:306 p.m. to 7:30 p.m., Los Banos, CA, 
virtual meeting.
    5. Wednesday, March 16, 2022, 2 p.m. to 4 p.m., Tracy, CA, virtual 
meeting.
    6. Thursday, March 17, 2022, 2 p.m. to 4 p.m., Chico, CA, virtual 
meeting.
    Information on participation will be posted at www.usbr.gov/mp/bdo 
by the day prior to the meeting.

ADDRESSES: Send written scoping comments, requests to be added to the 
mailing list, or requests for other special assistance needs to Cindy 
Meyer, Bureau of Reclamation, Bay-Delta Office, 801 I Street, Suite 
140, Sacramento, CA 95814-2536; or by email to <a href="/cdn-cgi/l/email-protection#691a01084424393b442b2d26291c1a0b1b470e061f"><span class="__cf_email__" data-cfemail="fa89929bd7b7aaa8d7b8beb5ba8f899888d49d958c">[email protected]</span></a>.
    To attend the virtual meetings, please go to www.usbr.gov/mp/bdo to 
find the web links to specific meetings dates.

[[Page 11094]]


FOR FURTHER INFORMATION CONTACT: Cindy Meyer, Bureau of Reclamation, 
Bay-Delta Office, 801 I Street, Suite 140, Sacramento, CA 95814-2536; 
telephone (916) 414-2425; email <a href="/cdn-cgi/l/email-protection#77041f165a3a27255a353338370204150559101801"><span class="__cf_email__" data-cfemail="fc8f949dd1b1acaed1beb8b3bc898f9e8ed29b938a">[email protected]</span></a>. Persons who use a 
telecommunications device for the deaf may call the Federal Relay 
Service (FedRelay) at 1-800-877-8339 TTY/ASCII to contact the above 
individual during normal business hours or to leave a message or 
question after hours. You will receive a reply during normal business 
hours.

SUPPLEMENTARY INFORMATION:

Purpose and Need for the Proposed Action

    Reclamation operates the CVP and the California Department of Water 
Resources (DWR) operates the SWP, under the 1986 Coordinated Operation 
Agreement, as amended in 2018, between the federal government and the 
State of California, as authorized by Public Law 99-546. A February 18, 
2020, Record of Decision (2020 ROD) implements the Proposed Action 
consulted upon for 2019 Biological Opinions from the U.S. Fish and 
Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). 
On September 30, 2021, Reclamation requested to reinitiate consultation 
on the Long-Term Operation of the CVP and SWP under section 7 of the 
Endangered Species Act (ESA) due to anticipated modifications to the 
previous Proposed Action that may cause effects to ESA-listed species 
or designated critical habitat not analyzed in the current 2019 
Biological Opinions. Modifications would address the review of the 2019 
Biological Opinions required by Executive Order 13990 Protecting Public 
Health and the Environment and Restoring Science to Tackle the Climate 
Crisis, and voluntarily reconcile CVP operating criteria with 
requirements of the SWP under the California Endangered Species Act.
    The purpose of the proposed action considered in this EIS is to 
continue the operation of the CVP and the SWP, for authorized purposes, 
in a manner that:
    <bullet> Meets requirements under Federal Reclamation law; other 
Federal laws and regulations; Federal permits and licenses; and State 
of California water rights, permits, and licenses pursuant to section 8 
of the Reclamation Act;
    <bullet> Satisfies Reclamation contractual obligations and 
agreements; and
    <bullet> Implements authorized CVP fish and wildlife project 
purposes.
    Operation of the CVP and SWP is needed to provide flood control and 
navigation; water supply; fish and wildlife mitigation, protection, and 
restoration and enhancement; and power generation. Operation of the CVP 
and SWP also provides recreation and water quality benefits.

Project Area (Area of Analysis)

    The project area includes CVP service areas and CVP dams, power 
plants, diversions, canals, gates, and related Federal facilities 
located on Clear Creek; the Trinity, Sacramento, American, Stanislaus, 
and San Joaquin rivers; and in the Sacramento-San Joaquin Delta 
(Delta).
    <bullet> A portion of the water from the Trinity River Basin is 
stored in Trinity Lake behind Trinity Dam, re-regulated in Lewiston 
Lake, and diverted through a system of tunnels and powerplants into 
Whiskeytown Reservoir on Clear Creek and then into the Sacramento River 
through Spring Creek upstream of Keswick Dam. Water is also released 
from Lewiston Dam to the Trinity River where it flows to the Klamath 
River.
    <bullet> A portion of the water from the upper Sacramento River is 
stored in Shasta Reservoir and re-regulated in Keswick Reservoir. Water 
in Shasta may be diverted at Shasta Dam or released into the Sacramento 
River. Water from the upper Sacramento, imports from the Trinity River 
Basin, releases from other reservoirs owned or operated by local 
agencies, and other inflows enter the Sacramento River and may be 
diverted into the Tehama-Colusa and Corning canals at the Red Bluff 
Pumping Plant.
    <bullet> A portion of the water from the American River is stored 
in Folsom Reservoir and re-regulated in Lake Natoma. Water in Folsom 
Reservoir may be diverted at Folsom Dam, be diverted into the Folsom 
South Canal, or be released into the American River.
    <bullet> A portion of the water from the Stanislaus River is stored 
in New Melones Reservoir. Water in New Melones may be released into the 
Stanislaus River.
    <bullet> A portion of the water from the upper San Joaquin River is 
stored in Millerton Reservoir behind Friant Dam. Water is diverted into 
the Madera and Friant-Kern canals or released into the San Joaquin 
River.
    <bullet> The Sacramento River and San Joaquin River carry water to 
the Delta. As water moves down the mainstem of the Sacramento River, 
gates at the Delta Cross Channel are operated for water quality and 
flood management.
    <bullet> Water in the Delta may be pumped into the Contra Costa 
Canal at Rock Slough and delivered to Contra Costa Water District. The 
C.W. Bill Jones Pumping Plant is at the southern end of the Delta, 
lifting water into the Delta Mendota Canal (DMC). CVP water is conveyed 
in the DMC for direct diversion or for delivery to San Luis Reservoir. 
Water from the San Luis Reservoir is also conveyed through the San Luis 
Canal and Pacheco Tunnel. The DMC-California Aqueduct Intertie connects 
the CVP and SWP conveyance facilities after export from the Delta. 
Prior to the Jones Pumping Plant, the Tracy Fish Collection Facility 
salvages salmonids and other species.
    The project area includes SWP service areas downstream of the 
Feather River and SWP facilities in the Sacramento-San Joaquin Delta, 
Cache Slough Complex, and Suisun Marsh. Feather River operations of 
Lake Oroville and Oroville Dam are not addressed as part of this 
consultation.
    <bullet> In the Cache Slough Complex the Barker Slough Pumping 
Plant lifts water into the North Bay Aqueduct.
    <bullet> In Montezuma Slough, the Suisun Marsh Salinity Control 
Gates are tidally operated to maintain fresh water in Montezuma Slough 
and the Suisun Marsh.
    <bullet> The Harvey O. Banks Pumping Plant at the southern end of 
the Delta, behind Clifton Court Forebay, lifts water into the 
California Aqueduct, which conveys water to the San Luis Reservoir for 
storage and to the South Bay Aqueduct for deliveries to the SWP 
contractors. The DMC-California Aqueduct Intertie connects the CVP and 
SWP conveyance facilities after export from the Delta. Prior to the 
Banks Pumping Plant, the Skinner Delta Fish Protection Facility 
salvages salmonids and other species.
    <bullet> The SWP also pumps water through the Harvey O. Banks 
Pumping Plant and conveys it through the California Aqueduct to the 
Cross-Valley Canal, when the systems have capacity, for CVP water 
service contractors.

Proposed Action and Preliminary Alternatives To Be Considered

    The EIS will consider a range of reasonable alternatives, 
consistent with 40 CFR 1502.14, including a No Action Alternative that 
would continue implementation of the 2020 ROD. Reasonable alternatives 
may include combinations of operation of CVP and SWP facilities and 
diversions, construction actions, habitat restoration, conservation 
hatchery practices, and monitoring and special studies. Reasonable 
alternatives may support consultation for actions by Sacramento River 
Settlement Contractors. Reasonable alternatives may include DWR 
operations for new storage projects. Reclamation is considering 
operation of the CVP and SWP under conditions of:
    <bullet> Potential hydrologic and meteorologic climate change 
through 2040 including changes in precipitation, air temperatures, and 
sea level;

[[Page 11095]]

    <bullet> Potential new storage, conveyance, and other water supply 
infrastructure;
    <bullet> Potential implementation of voluntary agreements for the 
update of the Bay-Delta Water Quality Control Plan;
    <bullet> Potential responses to drier years and drought conditions 
such as water transfers and temporary urgency change petitions; and
    <bullet> Potential needs for new and adapted monitoring programs to 
address current and future information needs.
    Each action alternative will fulfill the requirements of the need 
for the project as described in the ``Purpose and Need for Action'' 
section. Certain components of alternatives may be described 
programmatically and be subject to further compliance. The Final EIS 
will identify an agency-preferred alternative. Reclamation will 
consider reasonable alternatives identified through the National 
Environmental Policy Act (NEPA) scoping process and through the input 
required by Section 4004 of the Water Infrastructure Improvements for 
the Nation Act, Public Law 114-322.

Summary of Potential Impacts

    The EIS will identify and describe reasonably foreseeable potential 
effects on the human environment from a reasonably close causal 
relationship. Effects include those occurring at the same time and 
place and those occurring later in time or at a different place 
(whether beneficial or adverse). Potential impacts areas include 
surface water supply, water quality, groundwater resources, air 
quality, greenhouse gas emissions, visual resources, aquatic resources, 
terrestrial biological resources, regional economics, land use and 
agricultural resources, recreation, hazards and hazardous materials, 
cultural resources, geology and soils, and climate change.
    Reclamation expects to analyze flow management, temperature 
management, habitat, interactions with CVP and SWP facilities, 
conservation hatchery practices, and monitoring needs. Reclamation 
expects these actions to result in incidental take that requires 
consultation due to the potential to affect ESA-listed species. 
Reclamation intends to pursue the conference process for Longfin Smelt. 
Reclamation also anticipates analyzing differences in water supply 
deliveries and surplus power generation. The EIS will analyze measures 
that would avoid, minimize, or mitigate adverse environmental effects.

Statutory Authority and Anticipated Permits

    NEPA [42 U.S.C. 4321 et seq.] requires that Federal agencies 
conduct an environmental analysis of their proposed actions to 
determine if the actions may significantly affect the human 
environment. The EIS will analyze the environmental effects that may 
result from the implementation of the proposed action and alternatives. 
In addition to NEPA, various other Federal, state, and local 
authorizations may be required for the Proposed Action. Applicable 
Federal laws include, but are not limited to, ESA, 
Magnuson[hyphen]Stevens Fishery Conservation and Management Act, 
National Historic Preservation Act, and Clean Water Act.

Schedule for the Decision-Making Process

    Reclamation will review and consider comments received during 
scoping and will prepare a scoping report. After the draft EIS is 
completed, anticipated in 2023, Reclamation will publish a notice of 
availability (NOA) and request public comments on the draft EIS. After 
the public comment period ends, Reclamation will then develop the final 
EIS and anticipates making the final EIS available to the public in 
2024. In accordance with 40 CFR 1506.11, Reclamation will not make a 
decision or issue a Record of Decision (ROD) sooner than 30 days after 
the final EIS is released. Reclamation anticipates the issuance of a 
ROD by October 2024.

NEPA Cooperating Agencies

    Reclamation will request the following Federal agencies to 
participate as cooperating agencies in accordance with the NEPA:
    <bullet> USFWS,
    <bullet> NMFS,
    <bullet> Western Area Power Administration,
    <bullet> U.S. Army Corps of Engineers; and
    <bullet> U.S. Environmental Protection Agency.
    Reclamation may invite additional Federal, state, and local 
agencies (e.g., DWR, California Department of Fish and Wildlife, State 
Water Resources Control Board, Public Water Agencies) as potential 
cooperating agencies.

Indian Trust Assets and Environmental Justice

    Reclamation will consult with federally recognized Indian tribes in 
the project area to request their input regarding the identification of 
any properties to which they might attach religious and cultural 
significance to within the area of potential effect. Once these areas 
are determined, Reclamation will enter government-to-government 
consultations with potentially affected tribes to identify and address 
concerns for Indian Trust Assets. There are Indian Trust Assets 
affected by the Trinity River Division and the potential impacts of CVP 
operation on those assets will be examined in the EIS. The EIS will 
examine the potential impacts to environmental justice issues 
throughout the project area.

Public Disclosure

    Before including your address, phone number, email 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. Speakers during scoping meetings are recorded.

How To Request Reasonable Accommodation

    For special assistance at one of the scoping meetings, please 
contact Cindy Meyer (above) or TDD 916-978-5608, at least five working 
days before the meetings. Information regarding this proposed action is 
available in alternative formats upon request.

Ernest Conant,
Regional Director, California Great Basin Region.
[FR Doc. 2022-04160 Filed 2-25-22; 8:45 am]
BILLING CODE 4332-90-P


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