Notice2024-29936
Notice of Intent To Prepare a Supplemental Environmental Impact Statement (SEIS) for the Columbia River System Operations
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Published
December 18, 2024
Issuing agencies
Defense DepartmentArmy DepartmentEngineers CorpsInterior DepartmentReclamation Bureau
Abstract
In 2020, the U.S. Army Corps of Engineers (Corps), Bureau of Reclamation (Reclamation), and Bonneville Power Administration (Bonneville) issued the 2020 Columbia River System Operations Final Environmental Impact Statement (CRSO EIS; DOE/EIS-0529), which addressed the ongoing operations, maintenance, and configuration of fourteen Federal Columbia River System (CRS) multiple purpose dams and related facilities located throughout the Columbia River basin. The Corps and Reclamation (Co-Lead Agencies) intend to prepare a supplemental EIS to address environmental effects from proposed changes to the selected alternative in the CRSO EIS and new circumstances and information about the significance of adverse effects that arose or became available after completion of the CRSO EIS. Bonneville has not elected to serve as a co-lead agency for this SEIS and has instead expressed interest in participating as a cooperating agency.
Full Text
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<title>Federal Register, Volume 89 Issue 243 (Wednesday, December 18, 2024)</title>
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[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Notices]
[Pages 102869-102871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29936]
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DEPARTMENT OF DEFENSE
Department of the Army
U.S. Army Corps of Engineers
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Notice of Intent To Prepare a Supplemental Environmental Impact
Statement (SEIS) for the Columbia River System Operations
AGENCY: U.S. Army Corps of Engineers, Department of the Army, DoD;
Bureau of Reclamation, U.S. Department of the Interior.
ACTION: Notice of intent.
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SUMMARY: In 2020, the U.S. Army Corps of Engineers (Corps), Bureau of
Reclamation (Reclamation), and Bonneville Power Administration
(Bonneville) issued the 2020 Columbia River System Operations Final
Environmental Impact Statement (CRSO EIS; DOE/EIS-0529), which
addressed the ongoing operations, maintenance, and configuration of
fourteen Federal Columbia River System (CRS) multiple purpose dams and
related facilities located throughout the Columbia River basin. The
Corps and Reclamation (Co-Lead Agencies) intend to prepare a
supplemental EIS to address environmental effects from proposed changes
to the selected alternative in the CRSO EIS and new circumstances and
information about the significance of adverse effects that arose or
became available after completion of the CRSO EIS. Bonneville has not
elected to serve as a co-lead agency for this SEIS and has instead
expressed interest in participating as a cooperating agency.
DATES: The Co-Lead Agencies invite Federal and State agencies, Native
American Tribes, local governments, and the public to submit scoping
comments relevant to the supplemental National Environmental Policy Act
(NEPA) process no later than March 20, 2025. Information will also be
provided at public meetings. Information on the public meetings is
provided under the SUPPLEMENTARY INFORMATION section of this Notice of
Intent.
ADDRESSES: Written comments, requests to be placed on the project
mailing list, and requests for information may be mailed by letter to
U.S. Army Corps of Engineers Northwestern Division Attn: CRSO SEIS,
P.O. Box 2870, Portland, OR 97208-2870; or by email to
<a href="/cdn-cgi/l/email-protection#35565a594058575c54475c4350477540465456501b5447584c1b585c59"><span class="__cf_email__" data-cfemail="adcec2c1d8c0cfc4ccdfc4dbc8dfedd8decccec883ccdfc0d483c0c4c1">[email protected]</span></a>. All comment letters will be available via
the project website at <a href="https://www.nwd.usace.army.mil/CRSO/">https://www.nwd.usace.army.mil/CRSO/</a>. All
comments and materials received, including names and addresses, will
become part of the administrative record, and may be released to the
public. Interested parties should not submit confidential business or
otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Tim Fleeger, Columbia River Basin
Policy and Environmental Coordinator, Northwestern Division, U.S. Army
Corps of Engineers 1 (800) 290-5033 or email
<a href="/cdn-cgi/l/email-protection#4b2824273e2629222a39223d2e390b3e382a282e652a39263265262227"><span class="__cf_email__" data-cfemail="53303c3f263e313a32213a2536211326203230367d32213e2a7d3e3a3f">[email protected]</span></a>. Additional information can be found at
the project website: <a href="https://www.nwd.usace.army.mil/CRSO/Final-EIS">https://www.nwd.usace.army.mil/CRSO/Final-EIS</a>.
SUPPLEMENTARY INFORMATION:
1. Background: The fourteen Federal multiple purpose dams and
related facilities of the Columbia River System (CRS) are operated as a
coordinated system within the interior Columbia River basin in Idaho,
Montana, Oregon, and Washington. The Corps was authorized by Congress
to construct, operate, and maintain twelve of these projects for
multiple purposes (project purposes vary by project), including flood
risk management, power generation, navigation, fish and wildlife
conservation, recreation, and municipal and industrial water supply:
namely, Libby, Albeni Falls, Dworshak, Chief Joseph, Lower Granite,
Little Goose, Lower Monumental, Ice Harbor, McNary, John Day, The
Dalles, and Bonneville. Reclamation was authorized by Congress to
construct, operate, and maintain two of these projects for purposes of
flood risk management, power generation, navigation, and irrigation:
Hungry Horse and Grand Coulee. Bonneville is responsible for marketing
and transmitting power the dams generate. Together, the Corps,
Reclamation, and Bonneville are responsible for managing the system for
these various purposes.
In 2020, the Corps, Reclamation, and Bonneville completed the CRSO
EIS and signed a Record of Decision (ROD) selecting their preferred
alternative identified in the CRSO EIS. Multiple parties filed legal
challenges to the CRSO EIS and ROD, as well as to the associated
biological opinions the National Marine Fisheries Service (NMFS) and
U.S. Fish and Wildlife Service (FWS) issued in conjunction with the
CRSO EIS.
Since 2021, the litigation challenging the CRSO EIS ROD and
biological opinions has been stayed or administratively terminated,
allowing the U.S. government, including the Corps, Reclamation,
Bonneville, FWS, and NMFS and other departments and agencies to engage
in mediated discussions with the Confederated Tribes of the Colville
Reservation, the Coeur d'Alene Tribe, and the Spokane Tribe of Indians
as well as Oregon, Washington, the Confederated Tribes and Bands of the
Yakama Nation, the Confederated Tribes of the Umatilla Indian
Reservation, the Confederated Tribes of the Warm Springs Reservation of
Oregon, the Nez Perce Tribe, local governments, stakeholder groups, and
nongovernmental organizations.
In December 2023, the United States Government (USG) signed a
Memorandum of Understanding (now called the Resilient Columbia Basin
Agreement (RCBA)) with Oregon, Washington, the Confederated Tribes and
Bands of the Yakama Nation, the Confederated Tribes of the Umatilla
Indian Reservation, the Confederated Tribes of the Warm Springs
Reservation of Oregon, the Nez Perce Tribe, and the National Wildlife
Federation Plaintiffs. The RCBA provides for a stay of litigation on
the CRSO EIS ROD and related biological opinions for up to 10 years and
includes agreed upon CRS operations. The RCBA also includes USG
commitments to carry out certain analyses related to regional energy
needs, Tribal circumstances, water supply replacement, transportation
infrastructure, and recreation and public access, as well as
commitments on a series of actions to improve conditions for native
fish species. As part of the RCBA, and consistent with Corps',
Reclamation's, and Bonneville's ongoing responsibilities under NEPA,
the USG committed to reviewing existing environmental compliance
documents and initiating any supplemental or additional environmental
compliance determined to be necessary in fall of 2024.
The Co-Lead Agencies are evaluating triggers for supplementation
under NEPA. In determining the scope of supplemental compliance, the
Co-Lead Agencies will evaluate new information and circumstances,
including any: changes to operations, maintenance, and configuration of
the fourteen projects that make up the Columbia River System; new
species listed or proposed for listing under the Endangered Species Act
(ESA) (e.g., Wolverine); certain USG Commitments associated with the
[[Page 102870]]
RCBA; relevant reports, studies, or other information published since
the CRSO EIS was completed (including, but not limited to, the
Department of the Interior's report, Historic and Ongoing Impacts of
Federal Dams on the Columbia River Basin Tribes, and other information
sources referenced in Attachment 2 of the RCBA); and anticipated
changes in Columbia River inflows to the United States from Canada and
operational effects in the U.S. related to the modernization of the
Columbia River Treaty.
With respect to the latter, the Columbia River's flow at the U.S.-
Canada border is affected by how Canada operates storage reservoirs in
its portion of the basin. Canada's reservoir operations are affected in
part by how the Columbia River Treaty operations are managed for flood
risk management, hydropower generation, and ecosystem purposes in
coordination with the United States. The CRSO EIS applied 2016 Columbia
River Treaty operations as the best-available information. Certain
terms of the Columbia River Treaty regarding preplanned flood risk
management changed on September 16, 2024, and the countries have been
negotiating modernized provisions of the Treaty to address these
changes, along with updates to hydropower coordination, the inclusion
of ecosystem purposes, and increased Canadian flexibility. The existing
Treaty's changes in flood risk management along with expected updates
from the modernization process may lead to changed flows across the
border from Canada that vary from the assumptions and effects
contemplated in the 2020 CRSO EIS under certain hydrological
conditions.
2. Purpose and Need for the Proposed Action: The ongoing action
under evaluation in this supplemental NEPA process is the long-term
coordinated operations, maintenance, and configuration of the Columbia
River System. The purpose of this action is to operate the Columbia
River System to meet multiple responsibilities including resource,
legal, and institutional purposes of the action. The underlying need to
which the Co-Lead Agencies are responding in this supplemental NEPA
process is the need to evaluate the selected alternative in light of
changes to the action and potentially substantial new circumstances and
information that arose or became available after completion of the CRSO
EIS ROD and are relevant to environmental effects. The Federal decision
in this process is to determine whether to modify the selected
alternative from the CRSO EIS based on potentially substantial changes
to measures included in the selected alternative, or substantial new
information or changed circumstances and conditions about the
significance of adverse effects that bear on the analysis.
3. Description of Proposed Action and Alternatives: The CRSO EIS
evaluated a range of alternatives developed to meet the Purpose and
Need Statement and eight study objectives developed for the EIS. The
eight objectives, in tandem with the Purpose and Need Statement,
established the framework for evaluating the ability of an alternative
to satisfy the Corps', Reclamation's, and Bonneville's numerous legal,
institutional, and resource obligations. The agencies used an iterative
process to develop a range of alternatives for the future physical
configuration, operation, and maintenance of the 14 projects of the
CRS. The alternatives were developed to achieve a reasonable balance of
competing resource demands for the available water and for the multiple
authorized purposes, including evaluating measures to avoid, offset, or
minimize impacts to resources affected by managing the CRS in the
context of new information and changed conditions in the Columbia River
Basin since the System Operation Review EIS in 1997. During the
preparation of the CRSO EIS, the agencies developed a reasonable range
of four Multiple Objective Action Alternatives (MOs) suitable for
analysis in addition to the No Action Alternative. Following analysis
and identification of effects for the No Action Alternative and the
four MO alternatives, the Corps, Reclamation, and Bonneville used these
findings to develop a fifth action alternative, which was described as
the agencies' Preferred Alternative in the CRSO Draft and Final EIS.
This selected alternative was ultimately chosen in the CRSO EIS ROD
(Selected Alternative). This supplemental NEPA process is focused on
addressing potentially substantial changes to the Selected Alternative,
reviewing potentially substantial new circumstances and information
that arose or became available after completion of the CRSO EIS, and
preparing a SEIS. The SEIS will evaluate potential benefits and impacts
of changes made to the Selected Alternative including direct, indirect,
and cumulative effects to the human and natural environments.
4. Summary of Potential Effects: The Corps, Reclamation, and
Bonneville issued the CRSO EIS ROD in 2020. Since then, a variety of
new circumstances and information about the significance of effects
that bear on the NEPA analysis previously conducted have arisen. The
Co-Lead Agencies will use this information to assess and update, as
appropriate, the analyses presented in the CRSO EIS. The Co-Lead
Agencies will analyze any substantial changes in effects relating to
changes in the Proposed Action such as any changes to operations,
maintenance, and configuration of the fourteen projects that make up
the Columbia River System; new species listed or proposed for listing
under the Endangered Species Act (ESA); anticipated changes in Columbia
River inflows to the United States from Canada and operational effects
in the U.S. related to the modernization of the Columbia River Treaty;
and relevant reports, studies, or other information published since the
CRSO EIS. This will include an assessment of existing effects analyses
and additional effects analyses as necessary to ensure compliance with
applicable environmental laws and regulations, including the ESA and
the National Historic Preservation Act (NHPA). The Co-Lead Agencies
will issue a decision following publication of the final SEIS and
completion of consultation, if necessary, under the ESA.
At this early stage, it is unknown the full extent to which effects
analyses results may differ from those presented in the CRSO EIS.
Because changes and new information involve Columbia River System
conditions, a broad range of resources may be affected. Accordingly,
the full range of resources that were analyzed in the CRSO EIS will be
assessed for potential effects due to proposed changes or changed
conditions and circumstances. These resources include: river hydrology
and hydraulics; water quality; aquatic habitat, invertebrates, and
fish; vegetation, wetlands, wildlife, and floodplains; power generation
and transmission; air quality and greenhouse gases; flood risk
management; navigation and transportation; recreation; water supply;
visual and noise resources; fisheries and passive use; cultural
resources; Indian trust assets, tribal perspectives, and tribal
interests; environmental justice; and implementation and system costs.
5. Anticipated Permits, Other Authorizations, and Other Directives:
For reasons identified above, the Corps, Reclamation, and Bonneville
have reinitiated ESA consultation with FWS and are evaluating whether
reinitiation of ESA consultation with NMFS is necessary under section 7
of the ESA. During the pendency of the ESA consultation and NEPA
processes, Corps, Reclamation, and Bonneville will operate the CRS
consistent with the current biological opinions and the
[[Page 102871]]
operations identified in the RCBA. Corps, Reclamation, and Bonneville
also will work with NMFS and FWS to ensure compliance with the ESA,
coordinate environmental reviews, and maintain protections afforded to
ESA-listed species and critical habitat under existing environmental
compliance documentation.
The Co-lead agencies (and Bonneville when appropriate) will comply
with all applicable statutory and regulatory requirements in evaluating
the Proposed Action, including but not limited to the ESA, Clean Water
Act, Section 106 of the NHPA, and Executive Orders, including E.O.
12898 Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations and E.O. 14096 on Revitalizing
Our Nation's Commitment to Environmental Justice For All, and the
recent Presidential Memorandum, Restoring Healthy and Abundant Salmon,
Steelhead, and Other Native Fish Populations in the Columbia River
Basin, 88 FR 67617 (October 2, 2023).
The Co-Lead Agencies wi.ll also ensure government-to-government
consultation with Tribes that honors the U.S. Government's longstanding
commitments to Tribal Nations.
6. Schedule for the Decision-Making Process. To the extent
feasible, the Co-Lead Agencies will complete the SEIS in compliance
with the deadlines and schedules set forth in 40 Code of Federal
Regulations (CFR) 1501.10(b). The draft SEIS will be available for
public review and comment. A 45-day public review period will be
provided for interested parties and agencies to review and comment on
this draft document. All interested parties are encouraged to respond
to this Notice of Intent and provide a current address if they wish to
be notified of the Draft SEIS circulation. The Co-Lead Agencies would
issue a decision at the conclusion of the NEPA process, in accordance
with 40 CFR 1506.10. Corps, Reclamation, and Bonneville would also
determine how to proceed consistent with their Section 7 obligations
under the ESA and any resulting biological opinions in accordance with
50 CFR 402.15.
7. Scoping Process/Public Involvement. The Co-Lead Agencies invite
all affected Federal, State, and local agencies, affected Tribes, other
interested parties, and the general public to participate in the NEPA
process during development of the SEIS. Three (3) virtual public
scoping meetings will be held the week of February 10, 2025. The
specific dates, times, and meeting information will be published on the
project website: <a href="https://www.nwd.usace.army.mil/CRSO/">https://www.nwd.usace.army.mil/CRSO/</a>. Additional
public meetings will be scheduled after release of the draft SEIS.
The Co-Lead Agencies are issuing this Notice of Intent to: (1)
Advise other Federal and State agencies, Tribes, and the public of
their plan to analyze effects related to system operations, maintenance
and configuration; (2) obtain suggestions and information that may
inform the scope of issues to evaluate in the SEIS; and (3) provide
notice and request public input on potential effects on historic
properties from system operations, maintenance and configuration due to
potential modification of the undertaking in accordance with section
106 of the NHPA (36 CFR 800.2(d)(3) and 800.8(c)(5)). The Co-Lead
agencies will also identify any cooperating and participating agencies
that the Co-Lead agencies may require information from to facilitate
their future decision after completion of the Notice of Intent scoping
period.
William C. Hannan,
Brigadier General, US Army, Division Commander.
Jennifer Carrington,
Regional Director, Columbia-Pacific Northwest Region, Bureau of
Reclamation.
[FR Doc. 2024-29936 Filed 12-17-24; 8:45 am]
BILLING CODE 3720-58-P
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