Notice of Intent To Prepare an Environmental Impact Statement for the West Fork Battle Creek Watershed Plan, Carbon County, Wyoming, 79850-79854 [2022-28245]

Download as PDF 79850 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS–2022–0012] Notice of Intent To Prepare an Environmental Impact Statement for the West Fork Battle Creek Watershed Plan, Carbon County, Wyoming Natural Resources Conservation Service, U.S. Department of Agriculture. ACTION: Notice of Intent (NOI) to Prepare an Environmental Impact Statement (EIS). AGENCY: The Natural Resources Conservation Service (NRCS) Wyoming State Office, in coordination with the USDA Forest Service and the U.S. Army Corps of Engineers (USACE), announces its intent to prepare an EIS for the West Fork Battle Creek Watershed Plan in the proximity of Savery-Little Snake River in Wyoming. The proposed Watershed Plan includes construction of a dam and reservoir on the West Fork of Battle Creek to provide for rural agricultural water management. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the Proposed Action from all interested individuals, Federal and State Agencies, and Tribes. DATES: We will consider comments that we receive by February 13, 2023. Comments received after the 45-day comment period will be considered to the extent possible. ADDRESSES: We invite you to submit comments in response to this notice. You may submit your comments through one of the methods below: • Federal eRulemaking Portal: Go to https://www.regulations.gov and search for docket ID NRCS–2022–0012. Follow the online instructions for submitting comments; or • Mail or Hand Delivery: Andi Neugebauer, Wyoming State Conservationist, Natural Resources Conservation Service, 100 E B St. #3, Casper, Wyoming 82601. In your comment, specify the docket ID NRCS– 2022–0012. All comments received will be posted without change and made publicly available on www.regulation.gov. FOR FURTHER INFORMATION CONTACT: Andi Neugebauer; telephone: (307) 233– 6750; email: Andi.Neugebauer@ usda.gov. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at (202) 720–2600 (voice). ddrumheller on DSK6VXHR33PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 Project updates will be posted on the NRCS Public Notices website: https:// www.nrcs.usda.gov/wps/portal/nrcs/ main/wy/newsroom/pnotice/ and on the Forest Service website for the Medicine Bow-Routt National Forests and Thunder Basin National Grassland (MBRTB): https://www.fs.usda.gov/ main/mbr/home. SUPPLEMENTARY INFORMATION: Purpose and Need The primary goal of the proposed dam and reservoir is to provide a late season supplemental water supply to serve approximately 19,000 acres of irrigated lands in the Little Snake River Basin in Wyoming and Colorado. Under existing climate conditions, the Little Snake River Basin above its confluence with Sand Creek experience irrigation water shortages of approximately 12,000 AF. The objective is to reduce the late season irrigation water and irrigation water shortages in dry years. The project may also mitigate future drought impacts to agriculture and natural resources resulting from climate change. In addition to the irrigation water supply, the proposed reservoir would also benefit fisheries, riparian and wetland wildlife habitats, and waterassociated recreation. Ecological objectives of the project include improvements to aquatic ecosystems and riparian habitats by supplementing stream flows during lowflow periods, and improvements to terrestrial habitat associated with irrigation-induced wetlands. Benefits are expected to accrue to these attributes to the confluence with the Yampa River including improvements to both cold water and warm water sensitive species. Economic objectives of the project are to reduce late season irrigation water shortages resulting in increased pasture and hay production for regional ranching stability and to enhance habitats that support populations of wildlife and fisheries providing additional economic benefits to the region from hunting, fishing, and other recreational activities. There are three agencies proposing actions supporting the West Fork Battle Creek Watershed Plan and dam and reservoir construction. Each agency’s purpose and need are explained below. NRCS NRCS purpose and need for watershed planning and preparation of an EIS is to provide for rural agricultural water management. The Little Snake River Basin, above its confluence with Sand Creek, experiences an average irrigation water shortage of 12,000 acrefeet (AF). The primary purpose of the PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 watershed plan is to increase water storage to improve late season water supply and reduce the irrigation water shortages in the Little Snake River Basin. Watershed planning is authorized under the Watershed Protection and Flood Prevention Act of 1954, as amended (16 U.S.C. 1001–1009), and the Flood Control Act of 1944 (33 U.S.C. 702b–1). The watershed planning is being partially funded by the Wyoming Water Development Office (WWDO) under Wyoming Statute 41–2–112 and sponsored by the Savery-Little Snake River and Pothook Water Conservancy Districts. Forest Service The purpose of participation by the Forest Service in the project is to respond to a request for a land exchange by the Wyoming Office of State Lands and Investments (OSLI). The objective of the Forest Service land exchange program is to use land exchanges as a tool to implement National Forest System (NFS) land and resource management planning and direction, to optimize NFS land ownership patterns, to further resource protection and use, and to meet the present and future needs of the American people (Forest Service Manual (FSM) 5430.2). Basic authorities for the exchange of NFS land and interests in the land are in 7 CFR part 2.60 and FSM 1010. Specifically, the General Exchange Act of 1922 (16 U.S.C. 485 and 486) authorizes the exchange of land or timber that was reserved from the public domain for NFS purposes. Land exchange regulations are in 36 CFR part 254, subpart A, with further direction in FSM 5430. If the reservoir were constructed as proposed, the land exchange would be needed to eliminate the need for a special use permit for the reservoir and associated facilities and to provide for more effective and efficient management of the reservoir and surrounding lands. Pending further analysis, the proposed exchange may meet other guidelines specified in Appendix F of the 2003 Medicine Bow National Forest Revised Land and Resource Management Plan. USACE The purpose of participation by USACE in the project will be to respond to a section 404 standard individual permit application under the authority of The Clean Water Act to store approximately 10,000 AF for the purpose of providing late season irrigation water to the Little Snake River Basin, above its confluence with Sand Creek, and enhanced habitat benefits downstream. The overall project E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices purpose and need for USACE will be finalized after a section 404 permit application is submitted to USACE and will be subject to the 404(b)(1) guidelines (40 CFR 230). The Sponsor intends to pursue authorization for construction of the West Fork Battle Creek Watershed project from the NRCS, under the Watershed and Flood Prevention Operations Program (Watershed Protection and Flood Prevention Act of 1954, as amended, Pub. L. 83–566). The Sponsor submitted a Sponsor Request for financial assistance through the NRCS’s Public Law 83–566 Watershed and Flood Prevention Operations Program in July 2019 and secured funding in the amount of $1.25 million to complete a Watershed Planning Study National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321– 4347) document for the proposed project. The WWDO has provided an additional $1.25 million for this effort. The Sponsor, in coordination with the WWDO, has proposed to construct a 264-foot-high roller-compacted concrete (RCC) dam to store 10,000 AF of water with a surface area of 130 acres. The reservoir pool would contain three storage accounts: 6,500 AF of irrigation storage, 1,500 AF of storage to maintain a minimum bypass flow, and a 2,000acre-foot conservation pool. The proposed reservoir would be constructed on the West Fork of Battle Creek just below the confluence of Haggerty Creek and Lost Creek approximately 20 miles east-northeast of Savery, Wyoming. The project would be located on private and public lands in the Sierra Madre Mountains within the Brush Creek-Hayden Ranger District of the Medicine Bow-Routt National Forests. A proposed land exchange to construct and operate the proposed project would include selected parcels of the NFS lands within and adjacent to the West Fork Battle Creek Reservoir site on the Medicine Bow-Routt National Forests with deemed equivalent State lands. The proposed land exchange would include approximately 1,350 acres of Forest Service-managed lands within Medicine Bow-Routt National Forests and would include parts of Haggarty Creek, Lost Creek, and West Fork Battle Creek. Approximately 2,024 acres of state land inholdings located in the Medicine Bow-Routt National Forests have been proposed to be evaluated for the land exchange. The State lands deemed equivalent with the Forest Servicemanaged lands will be analyzed as part of the proposed project. Preliminary Proposed Action and Alternatives The EIS will examine the proposed action and alternative solutions to reduce late season irrigation water shortages in the Little Snake River Basin. Alternatives that may be considered for detailed analysis include: Alternative 1—No Action: No watershed plan would be implemented, and no dam or reservoir would be constructed. Alternative 2—Proposed Action: The proposed action will consist of the proposed dam and reservoir with a land exchange between the Forest Service and the State of Wyoming. Alternative 3—Proposed Action: The proposed action may consist of the 79851 proposed dam and reservoir with a different configuration of parcels for the land exchange between the Forest Service and the State of Wyoming. Alternative 4—Proposed Action: The proposed action may consist of the proposed dam and reservoir with a special use authorization from the Forest Service. Alternative 5—Proposed Action: The proposed action may consist of alternate locations for a dam and reservoir with equivalent land use authorizations as described in Table 1. Alternative 6—Proposed Action: The proposed action may consist of alternate means of achieving the watershed plan goals, such as water conservation projects and habitat improvement projects within the basin. To inform development of these general alternatives, the Sponsor and WWDO have conducted studies within the Little Snake River Basin to determine irrigation shortages and supply conditions, as well as to identify potential alternative locations for reservoirs that would augment the irrigation water supply to meet downstream shortages. Potential locations were evaluated using criteria such as ability to meet user needs, access, multiple-use potential, geotechnical feasibility, landownership, resource constraints (cultural and natural resource concerns), ability to permit, and cost. Table 1 provides a summary of information for each potential location considered in these studies by the Sponsor and WWDO. Each location will be reviewed to determine if it should be carried forward for detailed analysis in the EIS. TABLE 1—SUMMARY OF PRELIMINARY ALTERNATIVES Alternative locations Description Big Gulch .............................. This earthen dam site is located on State and private lands approximately 3 miles upstream of Savery Creek on Big Gulch, just downstream of Reader Flatts. This alternative could supply supplemental irrigation shortages on lower Savery Creek and the Little Snake River below the confluence with Savery Creek. Supply ditch capacity to the dam site is presently limited to 30 cubic feet per second. The reservoir would hold approximately 3,045 AF. This earthen dam site is located on Bureau of Land Management, private, and NFS lands approximately 0.7 mile upstream from the confluence with Savery Creek. This alternative could supply supplemental irrigation shortages on lower Savery Creek and the Little Snake River below the confluence with Savery Creek. The reservoir would have a size of approximately 9,204 AF. This earthen dam site is located on Forest Service land at the Little Sandstone Creek approximately 2.5 miles west of the Little Sandstone Campground. This reservoir could supply supplemental irrigation shortages on lower Savery Creek and the Little Snake River below the confluence with Savery Creek. This reservoir would have a size of approximately 13,027 AF. This earthen alternative is similar to the Proposed Action, but, instead of an RCC dam, this alternative would be an earthen dam. This dam site is located on Forest Service and private lands at West Fork Battle Creek approximately 0.5 mile downstream of the confluence of Lost Creek and Haggarty Creek. This alternative could supply supplemental irrigation shortages on Battle Creek below the confluence with the West Fork and the Little Snake River below the confluence with Battle Creek. The reservoir would have a size of approximately 5,000 AF. Lower Little Sandstone located on the Little Sandstone Creek. ddrumheller on DSK6VXHR33PROD with NOTICES Upper Little Sandstone ........ West Fork Battle Creek at Haggarty Creek (Lower Haggarty). VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1 79852 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices TABLE 1—SUMMARY OF PRELIMINARY ALTERNATIVES—Continued Alternative locations Haggarty Creek Near Copperton (Upper Haggarty) Site A. Haggarty Creek Near Copperton (Upper Haggarty) Site B. Battle Lake ........................... Lower Cottonwood Creek .... Upper Cottonwood Creek .... Roaring Fork ........................ Description This dam site is located on Forest Service and private lands at Haggarty Creek approximately 0.6 mile downstream of the Highway 70 culvert for Haggarty Creek. This alternative could supply supplemental irrigation shortages on Battle Creek below the confluence with the West Fork and the Little Snake River below the confluence with Battle Creek. The reservoir would have a size of approximately 3,367 AF. Both RCC and earthen dam options were examined for this alternative. This dam site is located on Forest Service and private lands on Haggarty Creek an additional 0.4 mile downstream from Upper Haggarty Site A. This alternative could supply supplemental irrigation shortages on Battle Creek below the confluence with the West Fork and the Little Snake River below the confluence with Battle Creek. The reservoir would have a size of approximately 3,367 AF. Both RCC and earthen dam options were examined for this alternative. This earthen enlargement dam is located on private and USFS lands on the downhill side of the existing Battle Lake. This reservoir site has a limited drainage area resulting in a limited amount of water supply. Additionally, due to topography, a very limited amount of storage could be provided without the expansion becoming inefficient. This dam site is located on private and USFS lands on Cottonwood Creek approximately 2.6 miles upstream of the Wyoming-Colorado border. This alternative would require a diversion from the Roaring Fork to be feasible, and the Sheep Mountain Ditch would need to be considerably enlarged to convey adequate flows. This alternative could supply supplemental irrigation shortages on the Little Snake River below the confluence with Cottonwood Creek. The reservoir would have a size of approximately 2,347 AF. This earthen dam site is located on private and USFS lands on Cottonwood Creek approximately 1.2 miles downstream of the point at which the existing Sheep Mountain Supply Ditch empties into Cottonwood Creek. This alternative would require a diversion from the Roaring Fork to be feasible, and the Sheep Mountain Ditch would need to be considerably enlarged to convey adequate flows. This alternative could supply supplemental irrigation shortages on the Little Snake River below the confluence with Cottonwood Creek. The reservoir would have a size of approximately 5,813 AF. This earthen dam site is located on Forest Service land on the Roaring Fork Little Snake River approximately 3.4 miles upstream of the confluence with the Little Snake River. This alternative could supply supplemental irrigation shortages on the Little Snake River below the confluence with the Roaring Fork and could supply the Hackmaster Ditch, which diverts water from the Roaring Fork and serves areas between it and the Little Snake River. The reservoir would have a size of approximately 3,419 AF. ddrumheller on DSK6VXHR33PROD with NOTICES Summary of Expected Impacts The Proposed Action and alternatives may have significant local, regional, or national impacts on the environment. Preliminary issues for the project include changes to hydrology, changes to water quality within the reservoir and downstream from the elevated copper levels in Haggerty Creek, climate change impacts affecting agriculture, impacts to aquatic and terrestrial wildlife habitats, changes to fisheries and downstream threatened and endangered Colorado River fish species, impacts to cultural and Tribal resources, and economic outcomes associated with agricultural, recreational, tourism, and wildliferelated activities. Anticipated Permits and Authorizations • The following permits and other authorizations are anticipated to be required: CWA Section 404 permit. Implementation of the proposed federal action would require a Clean Water Act (CWA) Section 404 permit from the U.S. Army Corps of Engineers, who is a cooperating federal agency on the planning effort. • CWA Section 401 permit. The project would also require water quality certification under Section 401 of the CWA and permitting under Section 402 of the CWA (National Pollutant Discharge Elimination Permit), both of VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 which would be issued by the Wyoming Department of Environmental Quality, a cooperating state agency on the planning effort. • Permit To Construct or Modify a Dam. The project will require authorization from the Wyoming State Engineer for construction of a dam. Wyoming Water Development Office is a cooperating state agency on the plan and is assisting in funding for the project. • Endangered Species Act (ESA) Consultation. Consultation with the USFWS is being conducted as required by the Endangered Species Act of 1973. Anticipate permit for depletions from the Colorado River Basin. • Land Swap/OSLI Improvement authorization. The project will require a separate USDA Forest Service special use permit for land use or an approved land swap between the State of Wyoming and USDA Forest Service. Schedule of Decision-Making Process There are three agencies with decisions to make related to the West Fork Battle Creek Watershed Plan and dam and reservoir construction. The Savery-Little Snake River Water Conservancy District and Pothook Water Conservancy District (collectively referred to as the Sponsor) intend to pursue authorization for PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 implementation of the West Fork Battle Creek Watershed Plan from NRCS under the Watershed and Flood Prevention Operations Program. Due to the project’s location, which would be partially on federal lands managed by the Forest Service, the OSLI has proposed a land exchange with the Forest Service. The project could require an individual permit from USACE under the provisions of section 404 of the Clean Water Act (33 U.S.C. 1344). NRCS NRCS may provide financial assistance to the Sponsor to implement the selected alternative identified in the West Fork Battle Creek Watershed Plan EIS. Forest Service The Forest Supervisor of MBRTB is the responsible official for the Forest Service’s decision for the proposed land exchange. Once the NEPA analysis is complete, the Forest Supervisor will decide whether or not to proceed with the land exchange, the rationale for the decision, and any conditions that will be attached to the selected alternative including, but not limited to, design criteria, mitigation, and monitoring. E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices USACE Based on the analysis presented in the West Fork Battle Creek Watershed Plan EIS and through evaluation of a section 404 permit application, USACE may authorize a section 404 individual permit for the purpose of constructing a dam and reservoir as components of the West Fork Battle Creek Watershed Plan and, if so, under what terms and conditions ddrumheller on DSK6VXHR33PROD with NOTICES Public Scoping Process Public meetings will be held in Baggs and Saratoga, Wyoming, and in Craig, Colorado, to determine the scope of the analysis presented in the EIS. Meetings are scheduled to occur in January 2023 and will be held at selected public venues in each location. Exact meeting locations and times will be determined closer to dates of the events. Public notices will be placed in local newspapers and on the NRCS and Forest Service websites. Additionally, letters providing details on the public meetings and the scoping comment and objection processes will be sent to federal and state agencies, Tribes, local landowners, and interested parties. NRCS, Forest Service, and USACE invite the participation of and consultation with agencies and individuals that have special expertise, legal jurisdiction, or interest in the preparation of the draft EIS. Comments received, including names and addresses of those who comment, will be considered part of the public record. Comments submitted anonymously will be accepted and considered; however, they will not be used to establish standing for the Forest Service objection process. NRCS, Forest Service, and USACE will use the scoping process to help fulfill the public involvement process under section 106 of the National Historic Preservation Act (54 U.S.C. 306108), as provided for in 36 CFR 800.2(d)(3). Information about historic and cultural resources within the area potentially affected by the proposed action and alternatives will assist the NRCS, Forest Service, and USACE in identifying and evaluating impacts to such resources in the context of both NEPA and section 106 of the National Historic Preservation Act. Native American Tribal consultations will be conducted in accordance with policy, and Tribal concerns will be given due consideration. Federal, state, and local agencies, along with other stakeholders that may be interested or affected by the NRCS, Forest Service, or USACE decisions on this project, are invited to participate in the scoping VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 process and, if eligible, may request or be requested by the NRCS to participate as a cooperating agency. Identification of Potential Alternatives, Information, and Analysis NRCS invites agencies, Tribes, and individuals who have special expertise, legal jurisdiction, or interest in the West Fork Battle Creek Watershed Plan and dam and reservoir construction to provide comments concerning the scope of the analysis and identification of potential alternatives, information, and analyses relevant to the Proposed Action. Forest Service Objection Process The Forest Service decision for the project (whether or not to proceed with the land exchange) will be subject to the Forest Service’s project-level predecisional administrative review process in 36 CFR part 218, subparts A and B (referred to as the ‘‘objection process’’). Individuals and entities who submit timely, specific written comments regarding the proposed land exchange during any designated opportunity for public comment will have standing to file an objection. Designated opportunities for public comment include the initial scoping period described in this notice of intent as well as the 45-day comment period for the draft EIS. It is the responsibility of persons providing comments to submit them by the close of the established comment periods. Only those who submit timely and specific written comments will be eligible to file an objection. Names and contact information submitted with comments will become part of the public record, will be publicly available on regulations.gov, and may be released under the Freedom of Information Act. Authorities This document is published as required by section 102(2)(C) of NEPA, the Council on Environmental Quality regulations (40 CFR parts 1500–1508), NRCS regulations that implement NEPA in 7 CFR parts 622 and 650, Forest Service regulations that implement NEPA in 36 CFR part 220, FSM 1950, Forest Service Handbook (FSH) 1909.15, and USACE under the provisions of section 404 of the Clean Water Act. Watershed planning is authorized under the Watershed Protection and Flood Prevention Act of 1954, as amended, (Pub. L. 83–566) and the Flood Control Act of 1944 (Pub. L. 78–534). Federal Assistance Program The titles and numbers of the Federal Assistance Programs in the Catalog of PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 79853 Federal Domestic Assistance to which this Notice of Funding Availability applies is 10.904 Watershed Protection and Flood Prevention. NRCS will coordinate the scoping process as provided in 36 CFR 800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the National Historic Preservation Act (NHPA), as amended review process.’’ Executive Order 12372 Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs,’’ requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive order are to foster an intergovernmental partnership and a strengthened federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. This program is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. USDA Non-Discrimination Policy In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at (202) 720–2600 (voice and TTY) or (844) 433–2774 (toll-free nationwide). Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD– 3027, found online at https:// www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the E:\FR\FM\28DEN1.SGM 28DEN1 79854 Federal Register / Vol. 87, No. 248 / Wednesday, December 28, 2022 / Notices letter all the information requested in the form. To request a copy of the complaint form, call (866) 632–9992. Submit your completed form or letter to USDA by mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410 or email: OAC@ usda.gov. USDA is an equal opportunity provider, employer, and lender. Andrea Neugebauer, Acting Wyoming State Conservationist, Natural Resources Conservation Service. [FR Doc. 2022–28245 Filed 12–27–22; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF AGRICULTURE Office of Partnerships and Public Engagement Advisory Committee on Minority Farmers Office of Partnerships and Public Engagement, USDA. ACTION: Notice of public meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), the Office of Partnerships and Public Engagement (OPPE) is announcing a meeting of the Advisory Committee on Minority Farmers (ACMF). USDA Secretary Vilsack is committed to actions that enhance minority farmers’ ability to produce and thrive as businesses through USDA’s customer service enhancements, expanded outreach, technical assistance, and capacity building. To that end, the ACMF will likewise recommend actionoriented strategies for maximizing the participation of minority farmers by leveraging those programs that ensure a food secure nation and effectively steward our natural resources. These principals will usher in business growth and opportunity for those minority agricultural communities plagued with fragile economies in decline. DATES: The ACMF meeting will begin on January 18–20, 2022, from 9:00 a.m.– 5:00 p.m. Pacific Standard Time (PST). Time will be allotted at the end of each morning and afternoon for comments from those attending. Public participants may also view the committee proceedings and presentations via Zoom: https:// ems8.intellor.com/login/846392. Meeting ID and passcode is not required. The call-in numbers and code for listening only access are: US Toll Free: 888–251–2949 US Toll: 215–861–0694 ddrumheller on DSK6VXHR33PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:26 Dec 27, 2022 Jkt 259001 Access Code: 2154 982# All persons wishing to make comments during the in-person meeting must check-in each day at the registration table. If the number of registrants requesting to speak is greater than what can be reasonably accommodated during the scheduled open public hearing session timeframe, OPPE may conduct a lottery to determine the speakers for the scheduled public comment session. Meeting Pre-Registration and Public Comments: The public is asked to preregister for the meeting by January 17, 2023, at https://ems8.intellor.com/ ?do=register&t=1&p=846389. For preregistrations, we request your name, organization or affiliation, and intent to give oral comments. Participants may also submit written comments for the committee’s consideration via the preregistration link (https:// ems8.intellor.com/?do=register&t=1& p=846389). Written comments must be received by or before January 17, 2023. Members of the public who sign up to give oral comments to the Committee will be allowed time according to the number of speakers scheduled for each morning and afternoon public comment period. Members joining virtually may also request permission to give oral comments and will be instructed by the conference moderator on when and how to make live comments. Please remember that the comments made during the meeting will be added to the committee record only. Direct engagement or exchanges with committee members is not permitted while the meeting is in session. ADDRESSES: The meeting will be held at the University of California, at Davis’ ARC Conference Center, 760 Orchard Road, Davis, CA 95616. Drivers are instructed to park in Lot 25. A searchable campus map may be accessed here: https://campusmap. ucdavis.edu/. Parking is available at nominal cost. Accessibility: USDA is committed to ensuring that all persons are included in our programs and events. If you are a person with a disability and require reasonable accommodations to participate in this meeting, please contact Mr. Eston Williams at Eston.Williams@usda.gov or (202) 596– 0226. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. Availability of Materials for the Meeting: Presentations to be delivered to PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 the ACMF, including the final meeting agenda, and any updates regarding the meeting announced in this notice, can be found on the ACMF website at https://www.usda.gov/partnerships/ advisory-committee-on-minorityfarmers. FOR FURTHER INFORMATION CONTACT: General information about the committee can also be found at https:// www.usda.gov/partnerships/advisorycommittee-on-minority-farmers. Any member of the public wishing to obtain information concerning this public meeting may contact Mr. Eston Williams, Designated Federal Officer (DFO) via email Eston.Williams@ usda.gov or call (202) 596–0226. SUPPLEMENTARY INFORMATION: The ACMF will be pivotal in its liaison role that both informs and advises the Secretary of actions that may be taken to support minority farming growth and assist them with challenges of today, as well as those they will face in coming years. During this public meeting, the ACMF will explore and consider challenges specific to minority rural farming communities, including but not limited to: (1) infrastructure and housing (e.g., Rural Development); (2) building economically viable, ecologically sound, and climate-smart farming and ranching (e.g., planning, building, and business expansion); (3) examining barriers to enhanced minority farmer and rancher participation in USDA programs, services and partnerships (e.g., ClimateSmart Commodities Funding); (4) addressing barriers to capital access, land acquisition, debt management (e.g., Farm Service Agency); (5) adverse economic impacts of farming and ranching risk management; and (6) examining barriers to broader participation in export markets. From these topics, the ACMF will deliberate and form its next set of recommendations for the current term. The ACMF specifically seeks to engage and hear directly from a broad geographical cross-section of minority farmers on their experiences, pathways, and challenges as they contend with severe weather events or continued barriers of entry and economically sustainable farming. The USDA will also want to hear about personal experiences and encourage all to participate, including those organizations that support farmers from a large cross-section of farm type or size and ethnic diversity. The Committee was established pursuant to section 14008 of the Food Conservation and Energy Act of 2008, Public Law 110–246, 122 Stat. 1651, E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 87, Number 248 (Wednesday, December 28, 2022)]
[Notices]
[Pages 79850-79854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28245]



[[Page 79850]]

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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket No. NRCS-2022-0012]


Notice of Intent To Prepare an Environmental Impact Statement for 
the West Fork Battle Creek Watershed Plan, Carbon County, Wyoming

AGENCY: Natural Resources Conservation Service, U.S. Department of 
Agriculture.

ACTION: Notice of Intent (NOI) to Prepare an Environmental Impact 
Statement (EIS).

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SUMMARY: The Natural Resources Conservation Service (NRCS) Wyoming 
State Office, in coordination with the USDA Forest Service and the U.S. 
Army Corps of Engineers (USACE), announces its intent to prepare an EIS 
for the West Fork Battle Creek Watershed Plan in the proximity of 
Savery-Little Snake River in Wyoming. The proposed Watershed Plan 
includes construction of a dam and reservoir on the West Fork of Battle 
Creek to provide for rural agricultural water management. NRCS is 
requesting comments to identify significant issues, potential 
alternatives, information, and analyses relevant to the Proposed Action 
from all interested individuals, Federal and State Agencies, and 
Tribes.

DATES: We will consider comments that we receive by February 13, 2023. 
Comments received after the 45-day comment period will be considered to 
the extent possible.

ADDRESSES: We invite you to submit comments in response to this notice. 
You may submit your comments through one of the methods below:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and search for docket ID NRCS-2022-0012. Follow the 
online instructions for submitting comments; or
     Mail or Hand Delivery: Andi Neugebauer, Wyoming State 
Conservationist, Natural Resources Conservation Service, 100 E B St. 
#3, Casper, Wyoming 82601. In your comment, specify the docket ID NRCS-
2022-0012.
    All comments received will be posted without change and made 
publicly available on www.regulation.gov.

FOR FURTHER INFORMATION CONTACT: Andi Neugebauer; telephone: (307) 233-
6750; email: [email protected].
    Persons with disabilities who require alternative means for 
communication should contact the USDA Target Center at (202) 720-2600 
(voice).
    Project updates will be posted on the NRCS Public Notices website: 
https://www.nrcs.usda.gov/wps/portal/nrcs/main/wy/newsroom/pnotice/ and 
on the Forest Service website for the Medicine Bow-Routt National 
Forests and Thunder Basin National Grassland (MBRTB): https://www.fs.usda.gov/main/mbr/home.

SUPPLEMENTARY INFORMATION: 

Purpose and Need

    The primary goal of the proposed dam and reservoir is to provide a 
late season supplemental water supply to serve approximately 19,000 
acres of irrigated lands in the Little Snake River Basin in Wyoming and 
Colorado. Under existing climate conditions, the Little Snake River 
Basin above its confluence with Sand Creek experience irrigation water 
shortages of approximately 12,000 AF. The objective is to reduce the 
late season irrigation water and irrigation water shortages in dry 
years. The project may also mitigate future drought impacts to 
agriculture and natural resources resulting from climate change. In 
addition to the irrigation water supply, the proposed reservoir would 
also benefit fisheries, riparian and wetland wildlife habitats, and 
water-associated recreation.
    Ecological objectives of the project include improvements to 
aquatic ecosystems and riparian habitats by supplementing stream flows 
during low-flow periods, and improvements to terrestrial habitat 
associated with irrigation-induced wetlands. Benefits are expected to 
accrue to these attributes to the confluence with the Yampa River 
including improvements to both cold water and warm water sensitive 
species.
    Economic objectives of the project are to reduce late season 
irrigation water shortages resulting in increased pasture and hay 
production for regional ranching stability and to enhance habitats that 
support populations of wildlife and fisheries providing additional 
economic benefits to the region from hunting, fishing, and other 
recreational activities.
    There are three agencies proposing actions supporting the West Fork 
Battle Creek Watershed Plan and dam and reservoir construction. Each 
agency's purpose and need are explained below.

NRCS

    NRCS purpose and need for watershed planning and preparation of an 
EIS is to provide for rural agricultural water management. The Little 
Snake River Basin, above its confluence with Sand Creek, experiences an 
average irrigation water shortage of 12,000 acre-feet (AF). The primary 
purpose of the watershed plan is to increase water storage to improve 
late season water supply and reduce the irrigation water shortages in 
the Little Snake River Basin. Watershed planning is authorized under 
the Watershed Protection and Flood Prevention Act of 1954, as amended 
(16 U.S.C. 1001-1009), and the Flood Control Act of 1944 (33 U.S.C. 
702b-1). The watershed planning is being partially funded by the 
Wyoming Water Development Office (WWDO) under Wyoming Statute 41-2-112 
and sponsored by the Savery-Little Snake River and Pothook Water 
Conservancy Districts.

Forest Service

    The purpose of participation by the Forest Service in the project 
is to respond to a request for a land exchange by the Wyoming Office of 
State Lands and Investments (OSLI). The objective of the Forest Service 
land exchange program is to use land exchanges as a tool to implement 
National Forest System (NFS) land and resource management planning and 
direction, to optimize NFS land ownership patterns, to further resource 
protection and use, and to meet the present and future needs of the 
American people (Forest Service Manual (FSM) 5430.2). Basic authorities 
for the exchange of NFS land and interests in the land are in 7 CFR 
part 2.60 and FSM 1010. Specifically, the General Exchange Act of 1922 
(16 U.S.C. 485 and 486) authorizes the exchange of land or timber that 
was reserved from the public domain for NFS purposes. Land exchange 
regulations are in 36 CFR part 254, subpart A, with further direction 
in FSM 5430. If the reservoir were constructed as proposed, the land 
exchange would be needed to eliminate the need for a special use permit 
for the reservoir and associated facilities and to provide for more 
effective and efficient management of the reservoir and surrounding 
lands. Pending further analysis, the proposed exchange may meet other 
guidelines specified in Appendix F of the 2003 Medicine Bow National 
Forest Revised Land and Resource Management Plan.

USACE

    The purpose of participation by USACE in the project will be to 
respond to a section 404 standard individual permit application under 
the authority of The Clean Water Act to store approximately 10,000 AF 
for the purpose of providing late season irrigation water to the Little 
Snake River Basin, above its confluence with Sand Creek, and enhanced 
habitat benefits downstream. The overall project

[[Page 79851]]

purpose and need for USACE will be finalized after a section 404 permit 
application is submitted to USACE and will be subject to the 404(b)(1) 
guidelines (40 CFR 230).
    The Sponsor intends to pursue authorization for construction of the 
West Fork Battle Creek Watershed project from the NRCS, under the 
Watershed and Flood Prevention Operations Program (Watershed Protection 
and Flood Prevention Act of 1954, as amended, Pub. L. 83-566). The 
Sponsor submitted a Sponsor Request for financial assistance through 
the NRCS's Public Law 83-566 Watershed and Flood Prevention Operations 
Program in July 2019 and secured funding in the amount of $1.25 million 
to complete a Watershed Planning Study National Environmental Policy 
Act of 1969 (NEPA, 42 U.S.C. 4321-4347) document for the proposed 
project. The WWDO has provided an additional $1.25 million for this 
effort.
    The Sponsor, in coordination with the WWDO, has proposed to 
construct a 264-foot-high roller-compacted concrete (RCC) dam to store 
10,000 AF of water with a surface area of 130 acres. The reservoir pool 
would contain three storage accounts: 6,500 AF of irrigation storage, 
1,500 AF of storage to maintain a minimum bypass flow, and a 2,000-
acre-foot conservation pool. The proposed reservoir would be 
constructed on the West Fork of Battle Creek just below the confluence 
of Haggerty Creek and Lost Creek approximately 20 miles east-northeast 
of Savery, Wyoming. The project would be located on private and public 
lands in the Sierra Madre Mountains within the Brush Creek-Hayden 
Ranger District of the Medicine Bow-Routt National Forests.
    A proposed land exchange to construct and operate the proposed 
project would include selected parcels of the NFS lands within and 
adjacent to the West Fork Battle Creek Reservoir site on the Medicine 
Bow-Routt National Forests with deemed equivalent State lands. The 
proposed land exchange would include approximately 1,350 acres of 
Forest Service-managed lands within Medicine Bow-Routt National Forests 
and would include parts of Haggarty Creek, Lost Creek, and West Fork 
Battle Creek. Approximately 2,024 acres of state land inholdings 
located in the Medicine Bow-Routt National Forests have been proposed 
to be evaluated for the land exchange. The State lands deemed 
equivalent with the Forest Service-managed lands will be analyzed as 
part of the proposed project.

Preliminary Proposed Action and Alternatives

    The EIS will examine the proposed action and alternative solutions 
to reduce late season irrigation water shortages in the Little Snake 
River Basin. Alternatives that may be considered for detailed analysis 
include:
    Alternative 1--No Action: No watershed plan would be implemented, 
and no dam or reservoir would be constructed.
    Alternative 2--Proposed Action: The proposed action will consist of 
the proposed dam and reservoir with a land exchange between the Forest 
Service and the State of Wyoming.
    Alternative 3--Proposed Action: The proposed action may consist of 
the proposed dam and reservoir with a different configuration of 
parcels for the land exchange between the Forest Service and the State 
of Wyoming.
    Alternative 4--Proposed Action: The proposed action may consist of 
the proposed dam and reservoir with a special use authorization from 
the Forest Service.
    Alternative 5--Proposed Action: The proposed action may consist of 
alternate locations for a dam and reservoir with equivalent land use 
authorizations as described in Table 1.
    Alternative 6--Proposed Action: The proposed action may consist of 
alternate means of achieving the watershed plan goals, such as water 
conservation projects and habitat improvement projects within the 
basin.
    To inform development of these general alternatives, the Sponsor 
and WWDO have conducted studies within the Little Snake River Basin to 
determine irrigation shortages and supply conditions, as well as to 
identify potential alternative locations for reservoirs that would 
augment the irrigation water supply to meet downstream shortages. 
Potential locations were evaluated using criteria such as ability to 
meet user needs, access, multiple-use potential, geotechnical 
feasibility, landownership, resource constraints (cultural and natural 
resource concerns), ability to permit, and cost. Table 1 provides a 
summary of information for each potential location considered in these 
studies by the Sponsor and WWDO. Each location will be reviewed to 
determine if it should be carried forward for detailed analysis in the 
EIS.

              Table 1--Summary of Preliminary Alternatives
------------------------------------------------------------------------
    Alternative locations                     Description
------------------------------------------------------------------------
Big Gulch....................  This earthen dam site is located on State
                                and private lands approximately 3 miles
                                upstream of Savery Creek on Big Gulch,
                                just downstream of Reader Flatts. This
                                alternative could supply supplemental
                                irrigation shortages on lower Savery
                                Creek and the Little Snake River below
                                the confluence with Savery Creek. Supply
                                ditch capacity to the dam site is
                                presently limited to 30 cubic feet per
                                second. The reservoir would hold
                                approximately 3,045 AF.
Lower Little Sandstone         This earthen dam site is located on
 located on the Little          Bureau of Land Management, private, and
 Sandstone Creek.               NFS lands approximately 0.7 mile
                                upstream from the confluence with Savery
                                Creek. This alternative could supply
                                supplemental irrigation shortages on
                                lower Savery Creek and the Little Snake
                                River below the confluence with Savery
                                Creek. The reservoir would have a size
                                of approximately 9,204 AF.
Upper Little Sandstone.......  This earthen dam site is located on
                                Forest Service land at the Little
                                Sandstone Creek approximately 2.5 miles
                                west of the Little Sandstone Campground.
                                This reservoir could supply supplemental
                                irrigation shortages on lower Savery
                                Creek and the Little Snake River below
                                the confluence with Savery Creek. This
                                reservoir would have a size of
                                approximately 13,027 AF.
West Fork Battle Creek at      This earthen alternative is similar to
 Haggarty Creek (Lower          the Proposed Action, but, instead of an
 Haggarty).                     RCC dam, this alternative would be an
                                earthen dam. This dam site is located on
                                Forest Service and private lands at West
                                Fork Battle Creek approximately 0.5 mile
                                downstream of the confluence of Lost
                                Creek and Haggarty Creek. This
                                alternative could supply supplemental
                                irrigation shortages on Battle Creek
                                below the confluence with the West Fork
                                and the Little Snake River below the
                                confluence with Battle Creek. The
                                reservoir would have a size of
                                approximately 5,000 AF.

[[Page 79852]]

 
Haggarty Creek Near Copperton  This dam site is located on Forest
 (Upper Haggarty) Site A.       Service and private lands at Haggarty
                                Creek approximately 0.6 mile downstream
                                of the Highway 70 culvert for Haggarty
                                Creek. This alternative could supply
                                supplemental irrigation shortages on
                                Battle Creek below the confluence with
                                the West Fork and the Little Snake River
                                below the confluence with Battle Creek.
                                The reservoir would have a size of
                                approximately 3,367 AF. Both RCC and
                                earthen dam options were examined for
                                this alternative.
Haggarty Creek Near Copperton  This dam site is located on Forest
 (Upper Haggarty) Site B.       Service and private lands on Haggarty
                                Creek an additional 0.4 mile downstream
                                from Upper Haggarty Site A. This
                                alternative could supply supplemental
                                irrigation shortages on Battle Creek
                                below the confluence with the West Fork
                                and the Little Snake River below the
                                confluence with Battle Creek. The
                                reservoir would have a size of
                                approximately 3,367 AF. Both RCC and
                                earthen dam options were examined for
                                this alternative.
Battle Lake..................  This earthen enlargement dam is located
                                on private and USFS lands on the
                                downhill side of the existing Battle
                                Lake. This reservoir site has a limited
                                drainage area resulting in a limited
                                amount of water supply. Additionally,
                                due to topography, a very limited amount
                                of storage could be provided without the
                                expansion becoming inefficient.
Lower Cottonwood Creek.......  This dam site is located on private and
                                USFS lands on Cottonwood Creek
                                approximately 2.6 miles upstream of the
                                Wyoming-Colorado border. This
                                alternative would require a diversion
                                from the Roaring Fork to be feasible,
                                and the Sheep Mountain Ditch would need
                                to be considerably enlarged to convey
                                adequate flows. This alternative could
                                supply supplemental irrigation shortages
                                on the Little Snake River below the
                                confluence with Cottonwood Creek. The
                                reservoir would have a size of
                                approximately 2,347 AF.
Upper Cottonwood Creek.......  This earthen dam site is located on
                                private and USFS lands on Cottonwood
                                Creek approximately 1.2 miles downstream
                                of the point at which the existing Sheep
                                Mountain Supply Ditch empties into
                                Cottonwood Creek.
                               This alternative would require a
                                diversion from the Roaring Fork to be
                                feasible, and the Sheep Mountain Ditch
                                would need to be considerably enlarged
                                to convey adequate flows. This
                                alternative could supply supplemental
                                irrigation shortages on the Little Snake
                                River below the confluence with
                                Cottonwood Creek. The reservoir would
                                have a size of approximately 5,813 AF.
Roaring Fork.................  This earthen dam site is located on
                                Forest Service land on the Roaring Fork
                                Little Snake River approximately 3.4
                                miles upstream of the confluence with
                                the Little Snake River. This alternative
                                could supply supplemental irrigation
                                shortages on the Little Snake River
                                below the confluence with the Roaring
                                Fork and could supply the Hackmaster
                                Ditch, which diverts water from the
                                Roaring Fork and serves areas between it
                                and the Little Snake River. The
                                reservoir would have a size of
                                approximately 3,419 AF.
------------------------------------------------------------------------

Summary of Expected Impacts

    The Proposed Action and alternatives may have significant local, 
regional, or national impacts on the environment. Preliminary issues 
for the project include changes to hydrology, changes to water quality 
within the reservoir and downstream from the elevated copper levels in 
Haggerty Creek, climate change impacts affecting agriculture, impacts 
to aquatic and terrestrial wildlife habitats, changes to fisheries and 
downstream threatened and endangered Colorado River fish species, 
impacts to cultural and Tribal resources, and economic outcomes 
associated with agricultural, recreational, tourism, and wildlife-
related activities.

Anticipated Permits and Authorizations

     The following permits and other authorizations are 
anticipated to be required: CWA Section 404 permit. Implementation of 
the proposed federal action would require a Clean Water Act (CWA) 
Section 404 permit from the U.S. Army Corps of Engineers, who is a 
cooperating federal agency on the planning effort.
     CWA Section 401 permit. The project would also require 
water quality certification under Section 401 of the CWA and permitting 
under Section 402 of the CWA (National Pollutant Discharge Elimination 
Permit), both of which would be issued by the Wyoming Department of 
Environmental Quality, a cooperating state agency on the planning 
effort.
     Permit To Construct or Modify a Dam. The project will 
require authorization from the Wyoming State Engineer for construction 
of a dam. Wyoming Water Development Office is a cooperating state 
agency on the plan and is assisting in funding for the project.
     Endangered Species Act (ESA) Consultation. Consultation 
with the USFWS is being conducted as required by the Endangered Species 
Act of 1973. Anticipate permit for depletions from the Colorado River 
Basin.
     Land Swap/OSLI Improvement authorization. The project will 
require a separate USDA Forest Service special use permit for land use 
or an approved land swap between the State of Wyoming and USDA Forest 
Service.

Schedule of Decision-Making Process

    There are three agencies with decisions to make related to the West 
Fork Battle Creek Watershed Plan and dam and reservoir construction. 
The Savery-Little Snake River Water Conservancy District and Pothook 
Water Conservancy District (collectively referred to as the Sponsor) 
intend to pursue authorization for implementation of the West Fork 
Battle Creek Watershed Plan from NRCS under the Watershed and Flood 
Prevention Operations Program. Due to the project's location, which 
would be partially on federal lands managed by the Forest Service, the 
OSLI has proposed a land exchange with the Forest Service. The project 
could require an individual permit from USACE under the provisions of 
section 404 of the Clean Water Act (33 U.S.C. 1344).

NRCS

    NRCS may provide financial assistance to the Sponsor to implement 
the selected alternative identified in the West Fork Battle Creek 
Watershed Plan EIS.

Forest Service

    The Forest Supervisor of MBRTB is the responsible official for the 
Forest Service's decision for the proposed land exchange. Once the NEPA 
analysis is complete, the Forest Supervisor will decide whether or not 
to proceed with the land exchange, the rationale for the decision, and 
any conditions that will be attached to the selected alternative 
including, but not limited to, design criteria, mitigation, and 
monitoring.

[[Page 79853]]

USACE

    Based on the analysis presented in the West Fork Battle Creek 
Watershed Plan EIS and through evaluation of a section 404 permit 
application, USACE may authorize a section 404 individual permit for 
the purpose of constructing a dam and reservoir as components of the 
West Fork Battle Creek Watershed Plan and, if so, under what terms and 
conditions

Public Scoping Process

    Public meetings will be held in Baggs and Saratoga, Wyoming, and in 
Craig, Colorado, to determine the scope of the analysis presented in 
the EIS. Meetings are scheduled to occur in January 2023 and will be 
held at selected public venues in each location. Exact meeting 
locations and times will be determined closer to dates of the events. 
Public notices will be placed in local newspapers and on the NRCS and 
Forest Service websites. Additionally, letters providing details on the 
public meetings and the scoping comment and objection processes will be 
sent to federal and state agencies, Tribes, local landowners, and 
interested parties.
    NRCS, Forest Service, and USACE invite the participation of and 
consultation with agencies and individuals that have special expertise, 
legal jurisdiction, or interest in the preparation of the draft EIS. 
Comments received, including names and addresses of those who comment, 
will be considered part of the public record. Comments submitted 
anonymously will be accepted and considered; however, they will not be 
used to establish standing for the Forest Service objection process.
    NRCS, Forest Service, and USACE will use the scoping process to 
help fulfill the public involvement process under section 106 of the 
National Historic Preservation Act (54 U.S.C. 306108), as provided for 
in 36 CFR 800.2(d)(3). Information about historic and cultural 
resources within the area potentially affected by the proposed action 
and alternatives will assist the NRCS, Forest Service, and USACE in 
identifying and evaluating impacts to such resources in the context of 
both NEPA and section 106 of the National Historic Preservation Act.
    Native American Tribal consultations will be conducted in 
accordance with policy, and Tribal concerns will be given due 
consideration. Federal, state, and local agencies, along with other 
stakeholders that may be interested or affected by the NRCS, Forest 
Service, or USACE decisions on this project, are invited to participate 
in the scoping process and, if eligible, may request or be requested by 
the NRCS to participate as a cooperating agency.

Identification of Potential Alternatives, Information, and Analysis

    NRCS invites agencies, Tribes, and individuals who have special 
expertise, legal jurisdiction, or interest in the West Fork Battle 
Creek Watershed Plan and dam and reservoir construction to provide 
comments concerning the scope of the analysis and identification of 
potential alternatives, information, and analyses relevant to the 
Proposed Action.

Forest Service Objection Process

    The Forest Service decision for the project (whether or not to 
proceed with the land exchange) will be subject to the Forest Service's 
project-level pre-decisional administrative review process in 36 CFR 
part 218, subparts A and B (referred to as the ``objection process''). 
Individuals and entities who submit timely, specific written comments 
regarding the proposed land exchange during any designated opportunity 
for public comment will have standing to file an objection. Designated 
opportunities for public comment include the initial scoping period 
described in this notice of intent as well as the 45-day comment period 
for the draft EIS. It is the responsibility of persons providing 
comments to submit them by the close of the established comment 
periods. Only those who submit timely and specific written comments 
will be eligible to file an objection. Names and contact information 
submitted with comments will become part of the public record, will be 
publicly available on regulations.gov, and may be released under the 
Freedom of Information Act.

Authorities

    This document is published as required by section 102(2)(C) of 
NEPA, the Council on Environmental Quality regulations (40 CFR parts 
1500-1508), NRCS regulations that implement NEPA in 7 CFR parts 622 and 
650, Forest Service regulations that implement NEPA in 36 CFR part 220, 
FSM 1950, Forest Service Handbook (FSH) 1909.15, and USACE under the 
provisions of section 404 of the Clean Water Act. Watershed planning is 
authorized under the Watershed Protection and Flood Prevention Act of 
1954, as amended, (Pub. L. 83-566) and the Flood Control Act of 1944 
(Pub. L. 78-534).

Federal Assistance Program

    The titles and numbers of the Federal Assistance Programs in the 
Catalog of Federal Domestic Assistance to which this Notice of Funding 
Availability applies is 10.904 Watershed Protection and Flood 
Prevention. NRCS will coordinate the scoping process as provided in 36 
CFR 800.2(d)(3) and 800.8 (54 U.S.C. 306108) to help fulfill the 
National Historic Preservation Act (NHPA), as amended review process.''

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with State and local officials that 
would be directly affected by proposed Federal financial assistance. 
The objectives of the Executive order are to foster an 
intergovernmental partnership and a strengthened federalism, by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance and 
direct Federal development. This program is subject to the provisions 
of Executive Order 12372, which requires intergovernmental consultation 
with State and local officials.

USDA Non-Discrimination Policy

    In accordance with Federal civil rights law and USDA civil rights 
regulations and policies, USDA, its Agencies, offices, and employees, 
and institutions participating in or administering USDA programs are 
prohibited from discriminating based on race, color, national origin, 
religion, sex, gender identity (including gender expression), sexual 
orientation, disability, age, marital status, family or parental 
status, income derived from a public assistance program, political 
beliefs, or reprisal or retaliation for prior civil rights activity, in 
any program or activity conducted or funded by USDA (not all bases 
apply to all programs). Remedies and complaint filing deadlines vary by 
program or incident. Persons with disabilities who require alternative 
means of communication for program information (for example, braille, 
large print, audiotape, American Sign Language, etc.) should contact 
the responsible Agency or USDA TARGET Center at (202) 720-2600 (voice 
and TTY) or (844) 433-2774 (toll-free nationwide). Additionally, 
program information may be made available in languages other than 
English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and 
at any USDA office or write a letter addressed to USDA and provide in 
the

[[Page 79854]]

letter all the information requested in the form. To request a copy of 
the complaint form, call (866) 632-9992. Submit your completed form or 
letter to USDA by mail: U.S. Department of Agriculture, Office of the 
Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, 
Washington, DC 20250-9410 or email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Andrea Neugebauer,
Acting Wyoming State Conservationist, Natural Resources Conservation 
Service.
[FR Doc. 2022-28245 Filed 12-27-22; 8:45 am]
BILLING CODE 3410-16-P


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