[Federal Register: December 24, 2003 (Volume 68, Number 247)]
[Notices]
[Page 74650-74651]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de03-128]
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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
United States Section; Notice of Availability of Final
Environmental Impact Statement for Alternative Vegetation Maintenance
Practices for the Lower Rio Grande Flood Control Project in Cameron,
Hidalgo, and Willacy Counties, TX
AGENCY: United States Section, International Boundary and Water
Commission, United States and Mexico.
ACTION: Notice of availability of Final Environmental Impact Statement.
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SUMMARY: Pursuant to Section 102(2)(c) of the National Environmental
Policy Act (NEPA) of 1969, as amended, the United States Section,
International Boundary and Water Commission (USIBWC) has prepared a
Final Environmental Impact Statement (FEIS) on Alternative Vegetation
Maintenance Practices for the Lower Rio Grande Flood Control Project in
Cameron, Hidalgo, and Willacy counties, Texas. The FEIS analyzes the
Continued
[[Page 74651]]
Maintenance Alternative (No-Action), comprising the current USIBWC
vegetation maintenance program, and the impacts of three vegetation
maintenance alternatives that vary from the current USIBWC vegetation
maintenance practices along the Lower Rio Grande Valley. No final
decision can be made on this proposal during the 30 days following the
filing of this FEIS, in accordance with the Council on Environmental
regulations, 40 CFR 1506.10(b)(2).
ADDRESSES: Comments should be addressed to: Carolyn Murphy, Chief,
Environmental Section, Department of the Army, Galveston District,
Corps of Engineers, P.O. Box 1229, Galveston, Texas 77553-1229. Copies
of the FEIS are available for inspection and review at the following
locations: Brownsville Public Library, 2600 Central Boulevard,
Brownsville, Texas; Harlingen Public Library, 410 '76 Drive, Harlingen,
Texas; and McAllen Public Library, 601 North Main Street, McAllen,
Texas. The FEIS is also available on the USIBWC Home Page at: http://www.ibwc.state.gov
; and at the United States Army Corps of Engineers,
Galveston District, Home Page at: http://www.swg.usace.army.mil/.
FOR FURTHER INFORMATION CONTACT: Mr. Douglas Echlin, Environmental
Protection Specialist, Environmental Management Division, USIBWC, 4171
North Mesa Street, C-100, El Paso, Texas 79902 or call (915) 832-4741,
e-mail: dougechlin@ibwc.state.gov.
SUPPLEMENTARY INFORMATION: The USIBWC vegetation maintenance program is
performed along the United States portion of the Lower Rio Grande Flood
Control Project (LRGFCP). The vegetation maintenance program was
established to fulfill the United States Government's obligations under
International Boundary and Water Commission (IBWC) Minutes No. 212 and
No. 238 and to protect life and properties in the United States and
Mexico from Rio Grande flooding events.
Under Minute No. 212, the United States and Mexico agreed to annual
concurrent channel bank mowing to reduce heavy brush growth in the
river reach and to ensure a river channel capacity of 20,000 cfs at the
Brownsville-Matamoros area. This maintenance mowing is considered
necessary to prevent flooding in Brownsville and Matamoros for the
design flood and to ensure that brush does not deflect river flood
flows toward either country, thus altering the international boundary
alignment by erosion. Minute No. 238 calls for equally dividing flood
flows into interior floodways in each country, thereby ensuring the
20,000 cfs maximum flow at Brownsville and Matamoros.
On November 1, 1989, the Sierra Club et al. filed a civil action
suit against the USIBWC alleging vegetation maintenance program
violations of the Endangered Species Act (ESA) and the National
Environmental Policy Act (NEPA) (CA No. 89-3005-RCL (1990 WL 116845
(D.D.C.)), Jul. 31, 1990). The plaintiffs alleged that the USIBWC had
not prepared an Environmental Assessment or Environmental Impact
Statement (EIS) relative to the operation and maintenance activities
for the United States portion of the LRGFCP as required by NEPA. The
plaintiffs also alleged that the USIBWC had not entered into formal
consultation with the USFWS pursuant to Section 7 of the ESA with
respect to the impacts of the United States portion of the LRGFCP on
federally-listed threatened or endangered species.
In a 1990 Consent Decree, the USIBWC agreed to enter into formal
consultation with the USFWS regarding the impacts of all vegetation
clearing activities of the LRGFCP on federally listed species. The
consultation process resulted in an issuance by the USFWS of a
Biological Opinion (BO) on May 6, 1993. The USFWS has recently issued a
new BO. In addition to formal consultation with USFWS, USIBWC agreed to
the preparation of this EIS, which specifically addresses alternative
vegetation maintenance practices.
This FEIS presents and analyzes the impacts of current and
alternative USIBWC vegetation maintenance practices to fulfill
commitments under the IBWC Minutes, the Consent Decree, and the new BO.
The pertinent elements of the LRGFCP vegetation maintenance program are
based on the need to:
[sbull] Maintain channel banks to provide adequate flood
conveyance.
[sbull] Equitably divert flood flows into interior floodways.
[sbull] Remove brush and other obstructions within floodways.
[sbull] Maintain a wildlife corridor per the USFWS BO and the 1994
LRGFCP Off-River Wildlife Travel Corridor Plan.
Four potential vegetation maintenance alternatives, including the
current USIBWC maintenance program, are considered and analyzed in the
FEIS. The Preferred Alternative is the Continued Maintenance
Alternative (No-Action), representing the continuation of the current
USIBWC vegetation maintenance program.
A Record of Decision will be issued on this proposal after a
minimum of 30 days following the filing of the FEIS. Any comments on
the FEIS must be received no later than 30 days after the date of
publication of the notice of availability by the Environmental
Protection Agency (EPA) in the Federal Register. No action will be
taken on the proposed action before 30 days following publication of
the notice of availability of the FEIS by EPA.
Dated: December 15, 2003.
Mario Lewis,
General Counsel.
[FR Doc. 03-31670 Filed 12-23-03; 8:45 am]
BILLING CODE 4710-03-P