Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices 40797 

Authority: We issue this notice under the 

authority of the ESA, as amended (16 U.S.C. 

1531 et seq.), and the MMPA, as amended (16 

U.S.C. 1361 et seq.). 

Joyce Russell, 

Government Information Specialist, Branch 

of Permits, Division of Management 

Authority. 

[FR Doc. 2017–18209 Filed 8–25–17; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[16XL LLWY9200000.L51010000.ER0000.

LVRWK09K0990.241A.0 4500106832] 

Notice of Intent To Prepare an 

Environmental Assessment To 

Reconsider the January 19, 2017, 

Record of Decision Approving 

Segments 8 and 9 for the Gateway 

West Transmission Line Project, Idaho 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: In compliance with the 

National Environmental Policy Act of 

1969, as amended (NEPA), and the 

Federal Land Policy and Management 

Act of 1976, as amended (FLPMA), and 

the Morley Nelson Snake River Birds of 

Prey National Conservation Area (NCA) 

Boundary Modification Act of 2017 

(Modification Act), the Bureau of Land 

Management (BLM) is reconsidering the 

decision to approve a Right-of-Way 

(ROW) application for Segments 8 and 

9 of the Gateway West 500-kilovolt (kV) 

Transmission Line Project (Project). By 

this Notice the BLM announces the 

beginning of scoping to solicit public 

comments and identify issues associated 

with such reconsideration, including 

the potential amendment of several 

Resource Management Plans (RMPs) 

and Management Framework Plans 

(MFPs) in the project area. The BLM 

analyzed the impacts of the alternative 

that it is reconsidering in the 2016 

Gateway West Final Supplemental 

Environmental Impact Statement (EIS). 

The BLM will prepare an Environmental 

Assessment (EA) to reconsider the 

January 19, 2017 Decision, including the 

land use plan amendments associated 

with a specific action alternative 

identified in the Supplemental EIS. 

DATES: Comments on issues may be 

submitted in writing until September 

27, 2017. In order to be included in the 

analysis, all comments must be 

postmarked prior to the close of the 30- 

day scoping period. 

ADDRESSES: You may submit comments 

on issues and planning criteria related 

to this EA by any of the following 

methods: 

• Web site: https://www.blm.gov/

gatewaywest 

• Email: blm_id_gateway_west@blm.gov 

• Fax: 208–384–3326 

• Mail: BLM Boise District Office, 3948 

Development Ave., Boise, ID 83705 

Documents pertinent to this proposal 

may be examined at the BLM Boise 

District Office, 3948 Development Ave,, 

Boise, ID 83705. 

FOR FURTHER INFORMATION: Contact 

Courtney Busse by calling 208–373– 

3872 or emailing at cbusse@blm.gov. 

You can also contact Ms. Busse to have 

your name added to the BLM mailing 

list for the Project. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Relay 

Service (FRS) at 1–800–877–8339 to 

contact Ms. Busse. The FRS is available 

24 hours a day, 7 days a week, to leave 

a message or question with Ms. Busse. 

You will receive a reply during normal 

business hours. 

SUPPLEMENTARY INFORMATION: 

PacifiCorp, dba Rocky Mountain Power, 

and Idaho Power (Proponents) 

submitted an initial ROW application 

under FLPMA in 2007 to locate 500-kV 

electric transmission lines on Federal 

lands as part of the Project. The original 

Project comprised 10 transmission line 

segments originating at the Windstar 

Substation near Glenrock, Wyoming, 

and terminating at the Hemingway 

Substation near Melba, Idaho. 

After completing NEPA analysis in an 

EIS, the BLM issued a Record of 

Decision (ROD) in November 2013 that 

authorized routes and associated land 

use plan amendments on Federal lands 

for Segments 1 through 7, and Segment 

10, but the BLM deferred a Decision for 

Segments 8 and 9 in southwestern 

Idaho. 

In August 2014, the BLM received 

from the Proponents a revised ROW 

application for Segments 8 and 9 and a 

revised Plan of Development for the 

Project, which the BLM determined 

required additional NEPA analysis 

through a Supplemental EIS. On 

October 7, 2016, the BLM released a 

Final Supplemental EIS that analyzed 

seven alternative ROW routes for 

Segments 8 and 9 and the land use plan 

amendments needed to accommodate 

each alternative route pair. The BLM 

issued a ROD on January 19, 2017, 

selecting the route described as 

Alternative 5 in the Final Supplemental 

EIS. 

Following the Decision, several 

environmental organizations, the State 

of Idaho, and Owyhee County, Idaho, 

appealed the ROW Decision to the 

Interior Board of Land Appeals (IBLA). 

In a letter to the Secretary of the 

Interior, the Governor of Idaho 

requested that the BLM reconsider the 

January 19, 2017, Decision and select an 

alternative with fewer impacts to State 

and county resources and communities. 

The Proponents also requested that the 

BLM reconsider the January Decision 

and possibly select the alternative 

proposed in their revised application, as 

more cost-effective and providing 

greater system reliability. On April 18, 

2017, the IBLA granted BLM’s Motion to 

Remand the January 19, 2017, Decision 

for reconsideration. The BLM’s Motion 

was unopposed. 

On May 4, 2017, Congress passed the 

Consolidated Appropriations Act, 2017 

(H.R. 244), which incorporated the 

Morley Nelson Snake River Birds of 

Prey NCA Boundary Modification Act 

(Modification Act) by reference 

(Division G, Title IV, Sec. 431(a)). 

The President signed the 

Appropriations Act into law on May 5, 

2017. The Modification Act directed the 

BLM to issue a ROW grant for the lands 

described in Sec. (b)(2) of the 

Modification Act for portions of 

Gateway West Segments 8 and 9, which 

represent the portions of Alternative 1 

from the Final Supplemental EIS within 

the boundaries of the NCA. The 

Modification Act also removed the 

lands for this ROW from NCA status and 

stipulated that the mitigation framework 

presented in the Final Supplemental EIS 

will apply to the authorized segments. 

The Modification Act (Sec. (c)(1)) 

requires the BLM to issue the ROW (that 

portion in the NCA) within 90 days of 

the enactment of the Appropriations 

Act, or by August 2, 2017. 

In light of the Modification Act’s nondiscretionary direction to issue the 

statutory ROW, the BLM’s 

reconsideration of the January 19, 2017, 

Decision will consider the alternative(s) 

from the Supplemental EIS that align 

with the statutory ROW, so as to meet 

the agency’s purpose and need for 

action, i.e., to respond to the 

Proponents’ ROW application and the 

direction of the Modification Act, and 

the no-action alternative. 

Because the route pairing described as 

Alternative 1 (routes described as 

Revised Proposed 8 and Revised 

Proposed 9) in the Supplemental EIS is 

the only alternative that meets these 

criteria, it will be analyzed as the action 

alternative for reconsideration. 

Furthermore, because the statutory 

ROW directed the BLM to issue a ROW 

grant for certain portions of the routes 

within the NCA boundaries previously 

analyzed in Alternative 1 in the 

Supplemental EIS, the EA and 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
40798 Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices 

subsequent decision will address only 

public lands identified with Alternative 

1 which lie outside the NCA boundaries 

that existed when the Final 

Supplemental EIS was published 

(October 7, 2016, 81 FR 69845). In the 

EA, the BLM plans to rely on the 

Supplemental EIS and the 2013 Final 

EIS for both the ROW alternatives for 

Segments 8 and 9 and the corresponding 

land use plan amendments necessary to 

support the alternative. 

Because the potential selection of a 

different ROW alternative would require 

a new decision for corresponding land 

use plan amendments, the BLM must 

ensure that it is satisfying the land use 

plan amendment requirements set forth 

in 43 CFR part 1600. The BLM is 

preparing an EA to inform 

reconsideration of the January 19, 2017, 

Decision and meet the regulatory 

requirements for amending land use 

plans, including public participation 

opportunities, and to ensure that any 

new information regarding the 

alternatives presented in the 

Supplemental EIS and 2013 Final EIS 

are analyzed. This Notice announces the 

beginning of scoping to seek public 

input on issues and planning criteria. 

The purpose of public scoping is to 

determine relevant issues that will 

influence the scope of the EA. The BLM 

invites public participation and 

comment on those issues, potential 

impacts, and mitigation measures 

associated with granting ROWs on 

public lands for Segments 8 and 9 that 

may not have been addressed in the 

Final Supplemental EIS. 

The BLM identified and analyzed the 

following issues and concerns in the 

Final Supplemental EIS for Segments 8 

and 9 of the Project: 

• Effects to the objects and values for 

which the Morley Nelson Snake River 

Birds of Prey National Conservation 

Area (NCA) was designated; 

• Land use conflicts and 

inconsistency with land use plans; 

• Effects of the project on local and 

regional socioeconomic conditions; 

• Effects on wildlife habitat, plants, 

and animals, including threatened, 

endangered, and sensitive species; 

• Effects to visual resources and 

existing view-sheds; 

• Effects to historic and cultural 

resources; 

• Effects to Indian trust assets; 

• Opportunities to apply mitigation 

strategies for on-site, regional, and 

compensatory mitigation; and 

• Siting on private lands versus 

public lands. 

Planning criteria considered for the 

plan amendments associated with each 

action alternative in the Supplemental 

EIS include the following: 

• NEPA; 

• Existing laws, regulations, and BLM 

policies; 

• Plans, programs and policies of 

other Federal, State, and local 

governments, and Indian tribes; 

• Public input; 

• Future needs and demands for 

existing or potential resource 

commodities and values; 

• Past and present use of public and 

adjacent lands; 

• Environmental impacts; 

• Social and economic values; 

• Public welfare and safety; and 

• National energy policies and plans. 

Land Use Plan Amendments 

The Supplemental EIS identified 17 

amendments to BLM land use plans 

needed to authorize Alternative 1. The 

January 2017 Decision approved two 

amendments to the Twin Falls MFP and 

one amendment to the Snake River 

Birds of Prey RMP that would also be 

necessary to authorize Alternative 1. 

The January Decision set aside and, 

remand notwithstanding, these 

approved plan amendments remain in 

effect. In addition, the Modification Act 

superseded the need for seven plan 

amendments to the Snake River Birds of 

Prey RMP associated with Alternative 1 

analyzed in the Supplemental EIS. As a 

result, selecting Alternative 1 in a 

Decision on reconsideration would 

require seven plan amendments to three 

current BLM land use plans, as follows: 

• Kuna MFP; 

• Bennett Hills/Timmerman Hills 

MFP; and 

• Jarbidge RMP (1987, for areas not 

covered by the 2015 Jarbidge RMP). 

In order to authorize Segment 8 in 

Alternative 1, the Kuna MFP would 

need an amendment to allow the 

transmission line outside of existing 

corridors. An amendment to the Bennett 

Hills/Timmerman Hills MFP would be 

needed to allow the route near 

archeological sites and to change Visual 

Resource Management (VRM) classes. 

The 1987 Jarbidge RMP would need 

amendments to change VRM Classes, 

allow crossing of the Oregon National 

Historic Trail, and change a utility 

avoidance/restricted area designation. 

In order to authorize Segment 9 in 

this alternative, the 1987 Jarbidge RMP 

would need an amendment to change 

VRM Class II to VRM Class III for areas 

still managed under that plan. 

The route pairing identified in the 

Supplemental EIS as Alternative 5 

(Route 8G and Route 9K) was selected 

in the January Decision. The January 19, 

2017, ROD approved one amendment to 

the Bruneau MFP, two amendments to 

the Twin Falls MFP, and one 

amendment to the Snake River Birds of 

Prey RMP needed to grant a ROW for 

Alternative 5. These plan amendments 

remain in effect. The alignment pairing 

in this alternative does not connect with 

the ROW the BLM plans to issue 

pursuant to the Modification Act. 

Mitigation 

The Final Supplemental EIS presents 

a framework the BLM has developed in 

cooperation with the Proponents for 

assessing compensatory mitigation 

under FLPMA and for implementing 

NEPA regulations on mitigating projectrelated impacts to National Historic 

Trails; cultural resources; wetlands; and 

resources, objects, and values in the 

NCA. The framework discusses 

avoidance, minimization, and 

compensation measures that would be 

required under each alternative 

analyzed in the Supplemental EIS. The 

Modification Act directs 

implementation of this framework 

during construction of each respective 

project segment (Sec. 2(c)(A)). Impacts 

to Greater sage-grouse and migratory 

birds are addressed in the 2013 Final 

EIS for the entire, 10-segment project 

and in the corresponding 2013 ROD. 

The Supplemental EIS develops further 

mitigation measures for indirect effects 

to Greater sage-grouse. 

You may submit comments in writing 

to the BLM using one of the methods 

listed in the ADDRESSES section above, 

according to the time frame named in 

the DATES section above. We will 

provide additional opportunities for 

public participation as appropriate. 

During the Supplemental EIS process, 

the BLM coordinated through the NEPA 

scoping process and comment period to 

help fulfill the public involvement 

requirements under the National 

Historic Preservation Act (54 U.S.C. 

306108) as provided in 36 CFR 

800.2(d)(3). Any additional information 

about historic and cultural resources 

within the area potentially affected by 

the proposed action, but not available 

during preparation of the Supplemental 

EIS, will assist the BLM in identifying 

and evaluating impacts to such 

resources during preparation of the EA. 

During preparation of the 

Supplemental EIS, the BLM consulted 

with Indian tribes on a Government-toGovernment basis in accordance with 

Executive Order 13175 and other 

policies, and will continue such 

consultations during preparation of the 

EA. Tribal concerns, including impacts 

on Indian trust assets and potential 

impacts to cultural resources, will be 

given due consideration. Federal, State, 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Notices 40799 

and local agencies, along with Tribes 

and other stakeholders who may be 

interested in or affected by the proposed 

action that the BLM is evaluating, are 

invited to participate in the scoping 

process and, if eligible, may request or 

be requested by the BLM to participate 

in the development of the EA as a 

Cooperating Agency. 

The BLM will provide a public 

comment period for the Draft RMP 

Amendment(s)/EA. The BLM will 

continue to work collaboratively with 

interested parties to identify the 

amendments and selected route that are 

best suited to local, regional, and 

national needs and concerns. 

The BLM used an interdisciplinary 

approach to select an alternative from 

the Supplemental EIS to respond to the 

ROW application, and will continue this 

approach in reconsidering the January 

19, 2017, Decision. 

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. 

Authority: 40 CFR 1501.7 and 43 CFR 

1610.2. 

Timothy M. Murphy, 

BLM Idaho State Director. 

[FR Doc. 2017–18181 Filed 8–25–17; 8:45 am] 

BILLING CODE 4310–GG–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

[NPS–WASO–NAGPRA–NPS0023877; 

PPWOCRADN0–PCU00RP14.R50000] 

Notice of Intent to Repatriate Cultural 

Items: Brooklyn Museum, Brooklyn, 

NY 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

SUMMARY: The Brooklyn Museum, in 

consultation with the appropriate 

Indian Tribe, has determined that the 

cultural item listed in this notice meets 

the definition of sacred object and object 

of cultural patrimony. Lineal 

descendants or representatives of any 

Indian Tribe not identified in this notice 

that wish to claim this cultural item 

should submit a written request to the 

Brooklyn Museum. If no additional 

claimants come forward, transfer of 

control of the cultural item to the Indian 

Tribe stated in this notice may proceed. 

DATES: Lineal descendants or 

representatives of any Indian Tribe not 

identified in this notice that wish to 

claim this cultural item should submit 

a written request with information in 

support of the claim to the Brooklyn 

Museum at the address in this notice by 

September 27, 2017. 

ADDRESSES: Nancy Rosoff, Andrew W. 

Mellon Senior Curator, Arts of the 

Americas, Brooklyn Museum, 200 

Eastern Parkway, Brooklyn, NY 11238, 

telephone (718) 501–6283, 

nancy.rosoff@brooklynmuseum.org. 

SUPPLEMENTARY INFORMATION: Notice is 

here given in accordance with the 

Native American Graves Protection and 

Repatriation Act (NAGPRA), 25 U.S.C. 

3005, of the intent to repatriate a 

cultural item under the control of the 

Brooklyn Museum, Brooklyn, NY, that 

meets the definition of sacred object and 

object of cultural patrimony under 25 

U.S.C. 3001. 

This notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA, 25 

U.S.C. 3003(d)(3). The determinations in 

this notice are the sole responsibility of 

the museum that has control of the 

Native American cultural item. The 

National Park Service is not responsible 

for the determinations in this notice. 

History and Description of the Cultural 

Item 

On August 7, 1905, Stewart Culin, the 

Brooklyn Museum’s Curator of 

Ethnology (1903–1929) purchased a 

woman’s dance skirt from Brouse 

Brizard in Arcata, Humboldt County, 

CA. Culin purchased the skirt at 

Brizard’s home, not in his Arcata store. 

Following Culin’s purchase of the skirt, 

it was brought to the Brooklyn Museum 

where it was accessioned as Hupa and 

given the accession number 

06.331.7923. This woman’s dance skirt 

has been identified as Wiyot and as a 

sacred object and object of cultural 

patrimony. 

Museum records and information 

provided during consultation with 

Wiyot representatives indicate that the 

skirt is culturally affiliated with the 

Wiyot Tribe of northwestern California. 

The skirt is identified as Wiyot based 

upon its physical appearance and 

construction. It is made of deer hide and 

adorned with abalone shell, clam shell, 

copper, bear grass, maidenhair fern, iris 

fibers, and glass beads. While most 

abalone shell is a dull grey or white on 

the outside, the cut shell pieces on the 

Brooklyn Museum skirt are red, which 

means that they are from red abalone, an 

identification that relates to the Wiyot 

story of Abalone Woman, whose drops 

of blood created the red-shelled abalone. 

The story explains why red abalone is 

only found along the shores of Wiyot 

territory, and therefore is used in the 

making of Wiyot regalia. 

Tribal representatives also identified 

the skirt as a ceremonial garment worn 

by Wiyot women during the Brush 

Dance, which is held during the annual 

World Renewal Ceremony in winter or 

early spring. As such, it is considered 

sacred, and an inalienable ceremonial 

object, which was obtained without the 

consent of an appropriate Wiyot 

authority. The Wiyot maintain that 

Brouse Brizard was not the rightful 

owner of the garment because Wiyot law 

prohibits the sale of ceremonial items. 

The circumstances in which sacred 

and ceremonial objects were separated 

from the Wiyot people can be explained 

by their history. In 1860, Wiyot life in 

their traditional homeland was violently 

interrupted by the nighttime massacre of 

as many as 250 women, children and 

elders, probably by gold prospectors. 

The massacre resulted in survivors 

fleeing Wiyot territory and ultimately 

seeking protection among their Hupa 

and Yurok neighbors. During a lengthy 

period when the Wiyot were refugees, 

ceremonial life was curtailed. In 1981, 

the Wiyot Tribe received federal 

recognition and, in 1991, they were 

moved to the Table Bluff Reservation. 

Slowly they have been buying back 

lands that were originally part of their 

traditional territory. Today the Wiyot 

Tribe has approximately 650 enrolled 

members. It has a language 

revitalization program, and an active 

repatriation program to bring cultural 

heritage objects back home. In 2014, 

after the industrial contamination of 

their sacred site on Indian Island was 

cleaned up, the Wiyot held their first 

World Renewal Ceremonial in over 150 

years. 

Determinations Made by the Brooklyn 

Museum 

Officials of the Brooklyn Museum 

have determined that: 

• Pursuant to 25 U.S.C. 3001(3)(C), 

the one cultural item described above is 

a specific ceremonial object needed by 

traditional Native American religious 

leaders for the practice of traditional 

Native American religions by their 

present-day adherents. 

• Pursuant to 25 U.S.C. 3001(3)(D), 

the one cultural item described above 

has ongoing historical, traditional, or 

cultural importance central to the 

Native American group or culture itself, 

rather than property owned by an 

individual. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES