[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Pages 58370-58372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23984]


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DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Intent To Prepare a Legislative Environmental Impact 
Statement for the Proposed Extension of the Chocolate Mountain Aerial 
Gunnery Range Land Withdrawal

    Lead Agency: Department of the Navy, DoD.
    Cooperating Agency: Bureau of Land Management, Department of the 
Interior.

ACTION: Notice.

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SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental 
Policy Act (NEPA) of 1969 and regulations implemented by the Council on 
Environmental Quality (40 Code of Federal Regulations [CFR] Parts 1500-
1508), the Department of the Navy (DoN) and the United States Marine 
Corps (USMC), with the cooperation of the Bureau of Land Management 
(BLM), intends to prepare a Legislative Environmental Impact Statement 
(L-EIS) and conduct public scoping meetings for the proposed extension 
of the withdrawal of approximately 226,711 acres of public land in 
Imperial and Riverside counties, California, for continued military use 
of the Chocolate Mountain Aerial Gunnery Range (CMAGR).
    The California Military Lands Withdrawal and Overflights Act of 
1994 (Pub. L. 103-433) withdrew 226,711 acres of public land to DoN, 
reserving these lands for defense-related purposes for a period of 20 
years (until October 31, 2014). The Act provides that the DoN may seek 
extension of the CMAGR withdrawal. As part of the withdrawal process, 
the Secretary of the Navy is required to publish a Draft L-EIS 
addressing legislative alternatives and the effects of continued 
withdrawal. The CMAGR Draft L-EIS will evaluate the environmental 
effects of the proposal to extend the land withdrawal for an additional 
25 years (through 2039) and will evaluate alternative actions to 
restructure the existing range boundary for improved efficiency in the 
management of the CMAGR and adjacent lands.

DATES AND ADDRESSES: DoN is initiating a 90-day public scoping process 
to identify community interests and specific issues to be addressed in 
the L-EIS, which starts with the publication of this Notice of Intent 
(NOI). Four public scoping meetings have been scheduled to enlist 
written and oral comments regarding the scope of the Draft L-EIS 
analysis:
    1. Monday, December 6, 2010, 5:30 p.m. to 8 p.m., Yuma County 
Library, Rooms B-C, 2951 S. 21st Drive, Yuma, Arizona 85364;
    2. Tuesday, December 7, 2010, 5:30 p.m. to 8 p.m., Holiday Inn 
Express--El Centro, Conference Room B, 350 Smoketree Drive, El Centro, 
California 92243;
    3. Wednesday, December 8, 2010, 5:30 p.m. to 8 p.m., Holiday Inn, 
1800 E. Palm Canyon, Palm Springs, California 92264; and
    4. Thursday, December 9, 2010, 5:30 p.m. to 8 p.m., San Diego 
Planning Commission Hearing Room, 5201 Ruffin Road, Suite B, San Diego, 
California 92123.

FOR FURTHER INFORMATION CONTACT: CMAGR L-EIS Project Manager (Attn: 
Kelly Finn), NAVFAC Southwest, 1220 Pacific Highway, San Diego, CA 
92132-5190; phone 619-532-4452. Additional supplementary information 
regarding the CMAGR Draft L-EIS is available at http://www.chocolatemountainrenewal.com. Please submit requests for special 
assistance, sign language interpretation for the hearing impaired, or 
other auxiliary aids needed at the scoping meeting to the L-EIS Project 
Manager by November 26, 2010.

SUPPLEMENTARY INFORMATION: Public scoping meeting schedules and 
locations will also be published in local newspapers. The public is 
invited to attend these meetings to view project-related displays, 
speak with DoN and USMC representatives, and submit public comment 
forms at information stations. A court reporter will be available at 
the meetings to accept oral comments. The scoping meetings will be 
conducted in an informal, open

[[Page 58371]]

house style meeting format. All comments regarding the scope of issues 
that should be considered in the Draft L-EIS must be received within 90 
days of the publication date of this notice to ensure full 
consideration in the Draft L-EIS analysis.
    Submitting Comments: Federal, state, and local agencies and 
interested parties are encouraged to provide oral and/or written 
comments regarding the scope of the L-EIS, reasonable alternatives and/
or specific issues or topics of interest to the public. Comments may be 
submitted by: (1) Attending one of the public scoping open houses and 
providing oral or written comments, (2) submitting a comment form on 
the project's public website at http://www.chocolatemountainrenewal.com, or (3) mail. Written comments should 
be submitted to the L-EIS Project Manager listed below under FOR 
FURTHER INFORMATION CONTACT. All written comments on the scope of the 
L-EIS should be submitted and/or postmarked no later than December 23, 
2010.
    The USMC will consider all comments received during the scoping 
period. A mailing list has been assembled to facilitate preparation of 
the L-EIS. Those on this list will receive notices and information 
related to L-EIS preparation. This list includes local, state, and 
federal agencies with jurisdiction or other interests in the 
alternatives. In addition, the mailing list includes affected 
municipalities and other interested parties. Anyone wishing to be added 
to the mailing list may request to be added by contacting the L-EIS 
project manager at the address provided below.
    Before including your address, telephone number, email address, or 
other personal identifying information in your comment, please be aware 
that your entire comment--including any personal identifying 
information--may be made publicly available at any time. Although 
requests can be made to withhold personal identifying information from 
public review, it may not be possible to keep this information from 
disclosure.
    The CMAGR has served as an aerial bombing and gunnery training 
range since the 1940s. The CMAGR currently provides more than 700 
square miles (459,000 acres) of land, and overlying and adjacent 
special-use airspace that extends laterally for several thousands of 
square miles that, among other activities, supports training in air 
combat maneuvering and tactics; close air support (where air-to-ground 
ordnance is fired to directly support friendly forces engaged in ground 
combat); airborne laser system operations; air-to-air gunnery; and air-
to-ground bombing, rocketry, and strafing. Artillery, demolitions, 
small arms, and Navy Special Warfare training are also conducted within 
the range. The CMAGR is a centerpiece in a much larger training complex 
that incorporates adjacent and nearby special use airspaces and ranges 
to support full-spectrum combat operations so that Marines can 
realistically train as they will fight.
    Purpose and Need: The purpose of and need for the proposed CMAGR 
renewal is for the DoN to retain a military aircrew training range for 
near- and long-term preparedness of United States tactical air forces. 
Extending the land withdrawal will provide for the continued effective 
implementation of ongoing aircrew training while maintaining the 
flexibility to adapt to the training needs of new technologies as they 
develop. The performance of air operations in combat is directly 
related to the quality and depth of training. The CMAGR provides a 
unique combination of attributes that serve this training requirement, 
including the favorable location and flying weather; sufficient land 
and airspace; diverse terrain; and developed training support 
facilities.
    The CMAGR consists of approximately 459,000 acres of desert 
mountain terrain in Imperial and Riverside counties, California. The 
land jurisdiction map of the CMAGR closely resembles a checkerboard 
where every other section (640 acres or 1 square mile) is managed by 
either the DoN or the Bureau of Land Management (BLM). The DoN owns 
232,116 acres of the checkerboard, while the alternate sections of the 
range (226,711 acres) are made up of withdrawn lands managed by the 
BLM.
    Since the CMAGR comprises DoN-owned and BLM-managed public lands, 
environmental stewardship for the CMAGR is implemented through the 
Sikes Act for DoN land and the Federal Land Policy and Management Act 
for BLM land. Because the management goals and procedures of these acts 
differ, two separate regulatory schemes are required to administer the 
checkerboard land jurisdiction pattern of the range. Currently, DoN has 
full administrative jurisdiction to manage military training and 
resource management on DoN-owned lands within the CMAGR, and the BLM is 
responsible for resource management on the alternating sections of 
public lands withdrawn and reserved for DoN use.
    Preliminary Alternatives: A range of alternatives, including the 
no-action alternative required by NEPA, will be considered. The L-EIS 
will also consider other reasonable alternatives that are identified 
during scoping or the preparation of the L-EIS. Four preliminary action 
alternatives have been identified. Alternatives 2, 3 and 4 would 
include restructuring the CMAGR boundaries to more closely follow 
certain prominent geographic features, such as aligning part of the 
CMAGR boundary to closely parallel but no longer cross features such as 
the Bradshaw Trail and Coachella Canal.
    1. Alternative 1 would extend the current withdrawal with no 
boundary or jurisdictional changes, for a period of 25 years.
    2. Alternative 2 would extend the land withdrawal for a period of 
25 years with restructured boundaries and would allocate full 
administrative jurisdiction for resource management to DoN, in addition 
to the military activities.
    3. Alternative 3 would extend the land withdrawal for a period of 
25 years and transfer all custody and accountability for the real 
property within both the current withdrawal and the restructured 
boundaries from BLM to DoN. All responsibility for resource management 
and use of the lands would then reside with DoN.
    4. Alternative 4 would extend the land withdrawal for a period of 
25 years with the restructured boundaries; management of the military 
activities would remain with DoN and the resource management would 
remain with BLM.
    5. Under Alternative 5, the No Action Alternative, the existing 
land withdrawal for the CMAGR, provided by the California Military 
Lands Withdrawal and Overflights Act of 1994, would expire. The 
capability to support existing and future training activities at the 
CMAGR that rely on these lands would cease. No alternative range is 
located in the operational region that has the weapons training 
capacity of the CMAGR. Consequently, aircrew and other training 
terminated at the CMAGR by the No Action Alternative would have to be 
relocated to ranges elsewhere in the country or curtailed. Range clean-
up operations at CMAGR would be required.
    Environmental Issues and Resources To Be Examined: The Draft L-EIS 
will evaluate the potential environmental effects associated with each 
of the above alternatives and any additional alternatives developed 
during the scoping period. Issues to be addressed include, but are not 
limited to, biological resources, cultural resources, geology and 
soils, hydrology, noise, air quality, safety, hazardous materials and 
waste, socioeconomics and environmental justice. Relevant and

[[Page 58372]]

reasonable measures that would avoid or mitigate environmental effects 
will also be analyzed. Additionally, the USMC will undertake any 
consultations required by the Endangered Species Act, Clean Water Act, 
National Historic Preservation Act, and any other applicable law or 
regulation.
    In accordance with the Engle Act of 1958, and the Federal Lands 
Policy and Management Act of 1976, the DoN is required to file an 
application with the BLM requesting the Secretary of the Interior 
process a proposed legislative withdrawal and reservation of public 
land to continue military training exercises at the CMAGR. The proposed 
alternatives would withdraw at least 222,041 but not more than 242,058 
acres of public land. As a result of the proposed boundary 
restructuring, approximately 15,347 acres of public land not in the 
existing 226,711 acre withdrawal would be withdrawn. The restructured 
boundary would offer the best opportunities to define and manage a 
secure boundary for the CMAGR, safeguard public use of adjacent public 
land, and consolidate holdings for more efficient environmental 
stewardship. The public land would be withdrawn from all forms of 
appropriation under the public land laws, including surface entry, 
mining, mineral leasing, and the Materials Act of 1947.
    L-EIS Schedule: This notice is the first phase of the L-EIS process 
and announces the 90-day public comment period and public scoping 
meetings to identify community concerns and local issues that should be 
addressed in the L-EIS. The next phase occurs when a Notice of 
Availability (NOA) is published in the Federal Register and local media 
to publicly announce the release of the Draft L-EIS. A minimum 45-day 
public comment period for the Draft L-EIS will commence upon 
publication of the NOA in the Federal Register. The USMC will consider 
and respond to all comments received on the Draft L-EIS when preparing 
the Final L-EIS. After publication of the Draft L-EIS, one or more 
public hearings will be held, and public notice will be given regarding 
the time and place of the hearing(s). The Draft L-EIS will be available 
for public and agency review and comment before the public hearing(s).

    Dated: September 17, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge Advocate General, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. 2010-23984 Filed 9-23-10; 8:45 am]
BILLING CODE 3810-FF-P