4382 Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Intent To Prepare an 

Environmental Impact Statement for 

the Missouri River Ecosystem 

Restoration Plan, Missouri River Basin, 

United States 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent. 

SUMMARY: Pursuant to the National 

Environmental Policy Act of 1969 

(NEPA), as amended and in furtherance 

of the Water Resources Development 

Act of 2007, the U.S. Army Corps of 

Engineers, Kansas City and Omaha 

Districts, intend to prepare the Missouri 

River Ecosystem Restoration Plan and 

Environmental Impact Statement (plan/ 

EIS). In developing the plan, the Corps 

must study actions required to mitigate 

habitat losses of aquatic and terrestrial 

habitat, recover federally listed species 

under the Endangered Species Act and 

restore ecosystem functions to prevent 

further declines among other native 

species. During an extended scoping 

process, we will invite comment on the 

draft purpose and need statements for 

the plan/EIS. 

The plan/EIS will describe a range of 

alternatives for achieving the purpose of 

the plan and assess the effects of those 

alternatives, including a preferred 

alternative, on the human environment 

as defined by NEPA. The goal of this 

planning effort is to develop and 

implement a single, comprehensive and 

integrated plan to guide the 

implementation of programs associated 

with mitigation, recovery, and 

restoration activities in the Missouri 

River Basin. 

ADDRESSES: Public scoping on this plan 

will begin May 1, 2009. A future notice 

will identify how written comments and 

suggestions concerning the plan may be 

submitted. Please see http:// 

www.mrerp.org for additional 

information. Please see the Scoping and 

Public Involvement section below. 

FOR FURTHER INFORMATION CONTACT: For 

further information and/or questions 

about the proposed plan/EIS, please 

contact Ms. Jennifer Switzer, Project 

Manager, by telephone: (816) 389–3062, 

by mail: 601 E. 12th Street, Kansas City, 

MO 64106, or by e-mail: 

jennifer.l.switzer@usace.army.mil, or 

Randy Sellers, Project Manager, by 

telephone (402) 995–2689, by mail: 1616 

Capitol Avenue, Omaha, NE 68102, or 

by e-mail: 

randy.p.sellers@usace.army.mil. For 

inquiries from the media, please contact 

the Corps, Kansas City District Public 

Affairs Officer (PAO), Mr. David Kolarik 

by telephone: (816) 389–3486, by mail: 

601 E. 12th Street, Kansas City, MO 

64106, or by e-mail: 

david.s.kolarik@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

1. Description of Proposed Plan. 

Encompassing an area of approximately 

530,000 square miles and a number of 

governing entities, including ten states, 

two Canadian provinces and 28 Native 

American tribes, the Missouri River 

Basin is the second largest river basin in 

the United States. From its source at 

Three Forks, Montana the Missouri 

River flows east and southeast for a total 

of 2,341 miles before emptying into the 

Mississippi River, just north of St. 

Louis, Missouri, making it the longest 

river in the United States. The Missouri 

River passes through a variety of 

physiographic provinces, provides 

various habitats to diverse populations 

of flora and fauna, contains numerous 

cultural resources, and supports a 

variety of human uses. Due to its 

geographic scale and diverse 

characteristics, the management of the 

Missouri River falls under a variety of 

the U.S. Army Corps of Engineers’ (the 

USACE) authorities and programs as 

well as other programs and authorities 

sponsored by other agencies. 

The most significant human 

alterations to the Missouri River began 

as early as the late 1800s with the 

removal of snags in the river to improve 

the safety of navigation. Alterations to 

the river continued into the twentieth 

century. At the request of Congress, the 

USACE enhanced navigation, built 

dams, and regulated river flows. 

Simultaneously, land use changes 

affecting the river’s floodplain occurred 

creating a river system very different 

from its pre-alteration condition. Today, 

the Missouri River supports less natural 

habitat, reduced populations of native 

species and communities, and reduced 

variability of physical processes such as 

flows, flooding, and sediment erosion/ 

deposition [i.e., hydrology and 

geomorphology] needed to support a 

functioning Missouri River ecosystem. 

Subsection (a) of Section 5018 of the 

Water Resources Development Act of 

2007 (WRDA 2007) directs the Secretary 

of the Army, in consultation with the 

Missouri River Recovery 

Implementation Committee to conduct a 

study of the Missouri River and its 

tributaries to determine actions required 

to: (1) Mitigate losses of aquatic and 

terrestrial habitat; (2) recover federally 

listed species under the Endangered 

Species Act; and (3) restore the 

ecosystem to prevent further declines 

among other native species. The study 

described under Section 5018(a) is the 

Missouri River Ecosystem Restoration 

Plan and EIS. The plan/EIS will identify 

a single, comprehensive strategy to 

guide the implementation of programs 

associated with mitigation, recovery, 

and restoration activities in the Missouri 

River Basin. The plan/EIS will be 

conducted in accordance with ER 1105– 

2–100 and will follow a watershed 

approach consistent with the geographic 

scope and complexity of issues within 

the Missouri River Basin. 

2. Alternatives. In compliance with 

the requirements of NEPA, a range of 

alternative strategies will be developed 

to address the purpose of and need for 

the plan while staying within the 

bounds of identified constraints. In 

developing these alternatives, multiple 

objectives (specific, measurable 

statements of the outcome or end state 

that restoration and management actions 

aim to achieve) and associated strategic 

actions (management, restoration and 

research activities functioning together 

to achieve an objective) will be 

identified and combined into several 

alternatives. The alternatives considered 

will include adaptive management 

strategies to allow changes and 

modification to the selected alternative 

as conditions warrant based on a 

described monitoring regime. 

Additionally, existing management 

objectives and related actions and 

activities that constitute the no action 

alternative will be described. Given the 

scope and complexity of this plan/EIS, 

regular and extended public scoping 

will occur related to the development of 

draft alternatives. 

3. Scoping and Public Involvement 

Process. Multiple phases of public, 

agency, and tribal government scoping 

meetings will be conducted throughout 

the Missouri River Basin. The first 

official phase of public scoping will 

occur from May 2009 to December 2009 

and address the plan purpose, need, and 

target resource conditions. This scoping 

period will be officially announced 

through the publication of an additional 

notice. Additional scoping phases will 

take place to address baseline 

conditions, issues, and preliminary 

alternatives. Dates for these scoping 

phases have not yet been determined. 

General concerns, issues, and/or needs 

related to the plan will also be obtained 

throughout all scoping phases. For more 

information on scoping phases, dates, 

meeting locations, and general 

information, please visit http:// 

www.mrerp.org. 

4. Significant Issues. Issues associated 

with the proposed plan to be given 

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Notices 4383 

significant analysis in the plan/EIS are 

likely to include, but may not be limited 

to, native species declines, including 

effects of invasive species; degraded and 

lost habitat and prevention of future 

losses of habitat and resources; loss of 

ecosystem function including an altered 

hydrograph and reduced sediment load; 

statutory responsibilities, such as 

complying with the Endangered Species 

Act; criteria, goals and objectives and 

priorities for restoration; program, 

authority, and data gaps, including 

identification of new strategies for 

mitigation, recovery, and restoration 

efforts; and cumulative impacts. The 

plan/EIS will also include identification 

and analysis of the social, economic, 

and cultural impacts of the various 

alternatives, as well as important 

ecosystem functions. 

5. Cooperating Agencies. Federal 

agencies, Tribes, and state governments 

are being invited to participate in the 

planning process as cooperating 

agencies under the NEPA. 

6. Additional Review and 

Consultation. Additional public, 

scientific, and statutory review and 

consultation, which will be 

incorporated into the preparation of this 

EIS, will include, but shall not be 

limited to: Section 401 of Clean Water 

Act, Fish and Wildlife Coordination 

Act, the Magnuson-Stevens Fishery 

Conservation and Management Act, the 

National Environmental Policy Act, the 

National Historic Preservation Act; the 

Endangered Species Act, and the Clean 

Air Act. In addition, as directed by 

WRDA 2007, the development of this 

plan will be done in consultation with 

the Missouri River Recovery 

Implementation Committee. 

7. Availability of the Draft 

Environmental Impact Statement. The 

Draft Environmental Impact Statement 

(DEIS) is anticipated to be available as 

early as November of 2013 or, no later 

than January of 2014. A series of public 

meetings will be conducted following 

the release of the DEIS. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. E9–1629 Filed 1–23–09; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Flood Control, Mississippi River & 

Tributaries, Yazoo River Basin, Yazoo 

Headwaters Project, Mississippi 

Tributaries Unit 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DOD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers, Vicksburg District, in 

conjunction with the Yazoo-Mississippi 

Delta Levee District, the non-Federal 

sponsor, is undertaking studies to 

evaluate the authorized Yazoo 

Headwaters Project. As part of this 

work, a Supplemental Environmental 

Impact Statement (SEIS) is being 

prepared to update existing National 

Environmental Policy Act 

documentation. 

DATES: Initiate SEIS, February 2, 2009. 

ADDRESSES: Correspondence may be 

sent to Mr. Matthew Mallard, U.S. Army 

Engineer District, Vicksburg, CEMVK– 

PP–PQ, 4155 Clay Street, Vicksburg, MS 

39183–3435. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Matthew Mallard at U.S. Army Corps of 

Engineers, Vicksburg District, telephone 

(601) 631–5960, fax (601) 631–5115, or 

e-mail at 

matthew.s.mallard@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

Proposed Action. An SEIS will 

identify and evaluate impacts associated 

with construction in the remaining 

authorized Yazoo Tributaries subbasins, 

including channel improvement, levee 

construction and enlargement, 

associated water control structures, 

bank stabilization, grade control 

measures, and environmental design 

features. 

Alternatives. Alternative urban and 

agricultural flood protection measures 

will be identified to meet existing and 

future flood protection needs and 

evaluated in cooperation with state and 

Federal agencies, local government, and 

the public. 

Scoping. Scoping is the process for 

determining the range of the alternatives 

and significant issues to be addressed in 

the SEIS. For this analysis, a letter will 

be sent to all parties believed to have an 

interest in the analysis, requesting their 

input on alternatives and issues to be 

evaluated. The letter will also notify 

interested parties of the public scoping 

meeting that will be held in the local 

area. A notice will be sent to the local 

news media. All interested parties are 

invited to comment at this time, and 

anyone interested in the study should 

request to be included on the mailing 

list. 

A public scoping meeting will be held 

March 2, 2009, from 7 to 9 p.m. at the 

Leflore County Civic Center, 200 

Highway 7 North, Greenwood, MS 

38930, and March 3, 2009, from 7 to 9 

p.m. at the Marks Community House, 

Pecan Street, Marks, MS 38646. 

Significant Issues. The tentative list of 

resources and issues to be evaluated in 

the SEIS includes aquatic resources, 

recreational and commercial fisheries, 

wildlife resources, water quality, air 

quality, threatened or endangered 

species, recreation resources, and 

cultural resources. Tentative 

socioeconomic items to be evaluated in 

the SEIS include business and industrial 

activity, tax revenues, population, 

community and regional growth, 

transportation, housing, community 

cohesion, and navigation. 

Environmental Consultation and 

Review. The U.S. Fish and Wildlife 

Service (FWS) will be asked to assist in 

the documentation of existing 

conditions, impact analysis of 

alternatives, and overall study review 

through the Fish and Wildlife 

Coordination Act (FWCA) consultation 

procedures. The FWS would provide an 

FWCA report to be incorporated into the 

SEIS. The draft SEIS or a Notice of 

Availability will be distributed to all 

interested agencies, organizations, and 

individuals. 

Estimated Date of Availability. The 

earliest that the draft SEIS is expected 

to be available is September 2012. 

Dated: January 13, 2009. 

Douglas J. Kamien, 

Chief, Planning, Programs, and Project 

Management Division. 

[FR Doc. E9–1627 Filed 1–23–09; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

Compliance Agreement 

AGENCY: Department of Education. 

ACTION: Notice of written findings and 

compliance agreement with the Nevada 

Department of Education. 

SUMMARY: This notice is being published 

in the Federal Register consistent with 

section 457(b)(2) of the General 

Education Provisions Act (GEPA). 

Section 457 of GEPA authorizes the U.S. 

Department of Education (the 

Department) to enter into a compliance 

agreement with a recipient that is failing 

to comply substantially with Federal 

program requirements. In order to enter